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-- delays and legal snags were now -- jury selection in the court martial -- major Nadal has signed this comes nearly four years after the army psychiatrist admitted to murdering thirteen people law.
And wounding dozens of others at Fort Hood is the worst mass shooting ever.
At a US military installation has son who will represent in south claims he went on this Rampage to protect Taliban leaders.
But the judge ruled this defense and other strategy can't be used at trial.
And the jurors will not hear -- we'll talk a little bit about this is -- connect he did jag officer with the army National Guard currently -- a criminal defense attorneys agreed to have you here.
Thomas dart just kind of peace by peace now that we're finally.
At the trial stage.
How is the jury selected in a military trial vs what would happen in many civilian.
Well it in the process.
That can often look similar obviously the the costumes of different the individuals involved -- different.
-- what happens is the post commanders the general courts martial convening authority.
We'll send out notice to prospective jurors in this case they sent out a prospective juror questionnaire months ago.
Those prospective jurors will turn the it will return those notices and then a panel of -- will be called into the military courtroom where they'll begin a jury selection process will be -- -- where they'll be questioned by the judge.
The prosecution and by the defense in this case major Hasan pros say.
So he'll actually service and in major Aetna dot sun will question -- we talked a little bit about him questioning.
Witnesses and knows that he has actually she admitted to shooting which indicates that -- also have an -- need to question whoever is a potential juror.
Yeah absolutely look you know a defendant in a military courtroom has the same presumption of innocence as a defendant in a civilian courtroom.
He has a right to participate in jury selection since he has made the albeit probably ill advised decision to services on attorney he is going be the one questioning prospective jury.
So -- as a -- but off as a criminal defense attorney someone that has represented criminals before.
What what is his strategy we just told our viewers a little bit about this defense of other strategy that -- that's not going to be part of the court case saying that he decided to.
To -- people to protect others overseas so that's not going to be a strategy so what it's going to be his potential strategy here.
It looks like his listeners potential strategy is really going to be to get up on stage get up on the soapbox.
And turn this thing to a spectacle I mean there is no.
Rational strategy that you discern from anything he's done so far if anything.
I think any defense attorney -- it -- it is his or her salt -- told him to use a psychological defense the idea that he was.
Severely mentally ill which I think is obvious to most at this point and -- he didn't formulate the intent to commit premeditated murder and maybe save him from the death penalty.
And the question always the question is who gets the death penalty -- is whether -- -- -- victimizing people all over again he's a city's gonna get on this soap box had had as a judge.
In in the quest for justice here and knowing that our legal system does permit certain things -- you know 44 happening to happens in such as someone like Madonna signed representing south.
How how do you keep -- how do you get -- -- here.
It's difficult -- -- he has a constitutional right to present a defense under the sixth amendment that Wright is not -- limitless and you bring up the idea that the judge I think wisely ruled against the idea that he can put -- this eminent good defense of others defense and that's the have been defenses -- You walk out to 42 street and see what someone holding -- -- forgotten someone else's head and you take him out to protect that victim that's where that defense supplies.
Hasan wants to who wanted to put forth this defense that by killing these innocent victims at fort -- was protecting the -- -- The jets -- now that you operate presented offense but you can't go out on a.
-- -- is that just because it sounded like complete propaganda.
I mean that was the real reason why he said he did it why why isn't the judge allowing that.
So well because the Supreme Court has said that yes you have a right to present a defense but the defense -- to be grounded in some sound legal theory.
Sound legal fact it has to have a rational basis you can't just get up there do anything you want first to serve some.
So that's and that's -- that ruling was made so a former a former jag beaten.
-- now teaching military law.
Is this is probably the most significant military trial in the last thirty to forty years and one of the reasons for that is because the death penalties on the table we haven't seen -- death penalty in a military trial like this a long long time.
-- in your opinion as a jag.
I -- -- and that's familiar with the system how how do you see the significance of what happens here in this trial.
I mean I think justice will be served I don't think anybody has any doubt that some will be convicted on thirteen counts of premeditated murder and spend the rest of his life in prison.
The military has had several death penalty prosecutions since 1961 they've gotten several convictions the issue is that with the appellate process and so forth.
There has not been an execution since 1961.
The jury votes the death penalty I think they ultimately will whether a sign that it ever receives the ultimate punishment because -- really question.
And what do you think is insignificant and that -- this system.
Well I mean I think to -- -- -- significance.
I mean I think the jury verdict.
Ordering death in this case would obviously send a very strong message the problem is that.
People like Intel -- probably aren't going to be deterred by any possible verdict in this case no matter how severe.
It's really interesting to read off so what's happening in the surrounding area Fort Hood right now.
All of these things that this community has had to go through and now they have a heightened security threat they're very concerned about people.
For the wrong reasons coming down to see this trial at least.
Make some sort of state that.
It's like reliving the nightmare all over again if you ever been to a military base and there you have -- it's a community and you know one of the -- -- when the case came out yeah why why didn't and everybody have a -- to take him out absolutely you know this is our home we don't carry weapons of our home.
You know the home is really didn't impact -- not only by this tragedy but by the trial is about to sell.
And we sent him to serve -- now know it's probably like three months -- think in the timeline for this -- the jury including jury selection.
You give in to -- -- -- -- lawyer has for a client.
-- meaning -- the I think that this is gonna stretch out while.
To be very difficult to find -- members and it's going to be a long process also live like you said -- justice will be served time great to have you okay thank you so much.
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