The Defense has requested that a military magistrate review the continued pretrial confinement of Major Hasan, now that he has been moved from a hospital setting to the Infirmary Unit at the Bell County Jail. Reduced to the basics, the Defense contends Major Hasan needs to be hospitalized, not confined. Paralyzed from the chest down, he is virtually immobile. The Defense contends that he presents no flight risk and presents no threat to others. Finally, lesser forms of restraint should be considered as more than adequate to ensure his presence at any pretrial or trial proceeding. Given Major Hasan’s medical condition, his contined pretrial confinement now in a Jail Infirmary Unit constitutes a violation of Article 13, UCMJ.
For some local media coverage on this issue, click here: http://www.centraltexasnow.com/Global/story.asp?S=12298718
During a press conference following Major Hasan’s recent move to the Bell County Jail, County Sheriff Dan Smith showed his true colors and one-sided allegiance. In his words, “When (the Nov. 5 shooting) happened, it impacted the entire community,” Smith said. “He needed to be as close to Fort Hood for an efficient prosecution. It is important to us to do whatever we can to facilitate prosecution in this case.” Sheriff Smith needs to be reminded that Major Hasan has not yet been tried; indeed, there has not even been an Article 32 investigation. He seems to have forgotten that the presumption of innocence underscores our criminal justice system and that his patently one-sided commentary is wholly inappropriate. His remarks can be seen at the following site…..
The Hasan Defense Team is a matter of weeks away from having to provide the Article 32 Investigating Officer with a list of prospective witnesses for the pretrial hearing – but the US Army still has not provided the Defense Team with copies of at least two related FBI investigations. It is the absence of this type of material and relevant evidence that has caused so much frustration on the part of the Defense. The delay is now so long – well, the failure to disclose this evidence borders on intentional. Sadly, this is only a portion of the evidence earlier requested by the Defense Team and which has still not been provided.