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| Major Abu Nidal Malik Hasan with the beard that has delayed his trial for many months |
Ft.
Hood – Colonel Tara Olson struggled to remain stoic as she reviewed
her frustrated efforts over the past month to order a physical
examination for Major Abu Nidal Malik Hasan.
She
is sure he is mentally capable of conducting his own defense, but
needs the confirmation of a doctor to assure herself that he will be
able to sit upright in a wheelchair during long days at the defense
counsel table and equally long nights spent in preparation for the
next day's general court martial proceedings.
He
is charged with 13 counts of premeditated murder and 32 counts of
attempted premeditated murder, offenses which could net him the death
penalty.
Before
the Colonel allows him to fire his lawyers and represent himself, she
must first assure herself he is able.
The
Major wields a double-edged sword in his quest for justice.
To
deny the request without legal justification could result in a
reversal of a guilty verdict; to grant the motion carries a similar
risk of reversal due to ineffectivity of counsel.
An
Army psychiatrist who turned a high-powered semi-auto pistol on
unarmed soldiers and civilians at Ft. Hood in November of 2009, the
Major is paralyzed from the chest down.
A
police officer finally stopped the murderous rampage when his bullet
found its mark, damaging the doctor's spinal cord. The Major killed
13 persons in cold blood, including a pregnant woman who begged for
her unborn child's life, and he wounded 32 others just steps from his
office door at the Soldier Readiness Center at Ft. Hood.
His
problem: He was being readied to deploy to Afghanistan, an assignment
he loathed because of his devout Islamic faith. He had been in
constant contact with extremist Muslim Mullahs for many months. It
had become his opinion that many of the men he counseled and
evaluated for symptoms of post traumatic stress disorder following
multiple deployments to that nation and Iraq were guilty of war
crimes, if not in terms of international jurisprudence, then in light
of the teachings of the Prophet Mohammed.
The
Major has had no physical examination since June of 2012.
The
Court's questio is simple enough. Will he be able to sit upright for
more than the four to five hours he is presently able to endure.
The
Colonel asked him, “Where have you been for the last year?”
His
reply, “In jail.”
He
spends most of his time there reclining in a hospital bed in an
intensive care unit at the Bell County Justice Center in nearby
Belton. He is catherized; he voids his bowels in a colostomy bag; his
body is heavily bandaged to prevent bed sores. His body is in a much
weakened condition compared to his original level of strength
following his initial recovery from the wounds he sustained in 2009.
Bearded
with a misshapen brush that sprouts from his face and neck, he
presents a sallow, sickly affect to the world around him. His
features are gaunt, his body grossly bloated, appearing much larger
than it actually is due to multiple layers of clothing.
“I
want to explore your physical health,” said Col. Olson. She referred, rather eloquently, and with great elegance, to certain "logistical" problems with his "health and care."
The
judge had originally ordered an exam by a Dr. Gonzalez, but just as
the appointment was scheduled, the government denied any further
payment for his services, and doctors scrubbed the appointment due to
a lack of available funding.
Asked
for the name of his current treatment physician, the Major said he
simply does not know. “It's changed so many times.”
The
problem is simple enough. He has rejected all notion of being
examined by members of the staff at Darnell Community Army Hospital.
He
alleges that his ill relations with a certain supervising doctor by
the name of Wright would likely result in “possible bias or command
influence.”
His
reason, he told the judge, was compelled “because of my previous
experience with them. That was the reason for that.”
He
withdrew his objection after demanding “relative assurance that
he's (Dr. Wright) not going to have any influence over them (staff
physicians).”
The
doctor so assigned will examine the Major before Friday and turn in
his written report. He will appear in Court on Monday at 9 a.m.,
ready to testify.
Col.
Olson said she is unable to make any further determinations until
that is accomplished.
She
asked the Major is he is aware that the defense attorneys who
represent him now are still his legal representatives until she
possible rules otherwise, that they may be retained to assist him, he
may retain private counsel, or other military lawyers could be
assigned to assist him.
He
said yes.
Asked
if he understood, Col. Poppe, the lead defense counsel who is joined
by two colleagues, replied in a rather dejected tone, “I understand
the Court's statement; I do not understand our role...It puts us in a
very awkward position.”
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