Ft.
Hood – More fireworks between the Fort Hood shooter and his former
defense team erupted today.
The
military judge cleared the courtroom to consider a motion of standby
counsel alleging that Major Hasan is “working toward a death
penalty” in the murder case against him.
He
is charged with 13 specifications of premeditated murder and 32
specifications of attempted premeditated murder in a deadly handgun
attack that occurred on Nov. 5, 2009.
Hasan
fired his Army lawyers in June, but agreed with Col. Tara Osborn that
they should be retained as standby counsel to advise him as to legal
matters.
The
three lawyers have previously objected to the court's direction on
ethical grounds.
After
sealing the motion by standby counsel to “Modify the Role of
Standby Counsel,” the judge remarked “Col. Poppe, the motion is
styled as a motion to modify the role of standby counsel, but the
body of the motion is concerned with privileged communication between
Maj. Hasan and an expert jury consultant, and ends with an offer to
withdraw as standby counsel, so it appears to be a world unto
itself...”
The
press gallery seated in the digital courtroom in a remote location
erupted in laughter. Spectators in the courtroom itself are under a
strict admonition not to display any outbursts or demonstrations of
opinion on pain of ejection. Everyone in the actual courtroom
remained stoically quiet and militarily courteous.
“Why
did you wait until now to file this motion?” the judge asked.
“The
fundamental issue became clear as to his (Hasan's) goal and his goal
is to remove impedimens to the death penalty in working toward a
death penalty,” Col. Kris Poppe, lead standby counsel replied. “We do
hold the view that the voir dire (jury examination) was wholly
inadequate.” He argued that the “multitude of issues” became
“crystallized yesterday.”
“It
appears to me to be a difference in stategy...in not exercising a
peremptory challenge,” the judge replied. Peremptory strikes of a
cetrtain number of prospective jurors are allowed defendants and
prosecutors for no particular reason. In this case, the judge said,
the defendant could have exercised the right to dismiss a prospective
juror due to his or her acceptace or agreement with the death
penalty. “Some people use that as a strategy,” said Col. Osborn.
Col.
Poppe continued his argument, concluding it is the desire of he and
his two colleagues “that we not be ordered by the Court in
assisting in the goal of arriving at the death penalty.”
In
the future, the judge ruled, all motions from standby counsel must be
submitted to the Court ex parte and under seal until she has had a
chance to review them.
Before
closing the court to all spectators, the judge did determine that the
standby counsel are still willing to replace Hasan if she chooses to
reinstate them as his defense team.
“We'll
be ready to go at any time, should Maj. Hasan's pro se status
change,” Col. Poppe replied.
Maj.
Hasan insisted he wanted to proceed to the hearing immediately.
“I
want to do that now,” he declared.
“Are
you specifically waiving any privilege? Am I forcing you to do this?”
the judge asked.
“I
don't think it is what you think it is,” Hasan said, again
prompting laughter among the press corps watching the proceedings on
big screen televisions in an overflow digital courtroom.
“I
want that in writing,” Col. Osborn said.
Hasan
refused. He insisted that Col. Poppe's allegations about his working
toward a death penalty are inaccurate.
The
judge moved to a private hearing, then within the hour, announced
that court proceedings will resume at 9 a.m. on Thursday, August 8.
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