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My guess that's the latest in -- worn wooden case offers are being told now the military will be speaking to reporters at 1 eastern time changing a little less than ninety minutes from now.
The suspect majors and I'll -- has regained consciousness we're told this morning at the hospital.
And has been speaking to staff there you -- investigators.
Want to talk to him.
On its face this case might seem like a straight -- death penalty case but there really is no guarantee that fun.
Would die for these crimes if he's convicted look at the national McClure.
She's the executive director of the National Institute of Military Justice she's a former jag prosecutor in the air force Michelle thanks for your time this morning.
I was reading with interests the last military execution was 1961.
By firing squad I should add.
Why is it that it's so hard to get -- death penalty case to actually get to the death portion.
Well wolf thank you -- it there really is a very tough thing to do in the military.
It as opposed to the civilian world.
It's rarely thought there only been a handful of cases that since 1961 in which the death penalty has even been -- And since the military's reform -- laws in 1984.
Of the almost fifty or so individuals.
Who have been eligible for the death penalty in -- factually had it -- at their trials.
Had been given death sentences and others fifteen only five currently sit on death -- there's a whole series of appeals.
Both of the military system as well as the civilian system.
And there it really is.
Very top paying a very lengthy process.
It's one that military.
Jags are really.
Very inexperienced pat for the most part I of the military make it's time.
Well because there are are a whole series of appeals.
The military assisted him.
Is -- -- the Miller this civilian system in a lot of ways and the fact that the military does have built an appeals that have from multiple levels of appeal.
All the way up to the United States Supreme Court.
That are basically checks and balances because the military.
Is not a system that railroads.
Accused it gives full rights and benefits.
To military Hughes and therefore it it can take.
Decade upon decade for all that the appeals run out and then after the initial appeals are.
All exhausted then there's also a whole -- civilian appeals.
So the process takes.
Several decades how -- talked me then about the chances of a sign of being tried in a civilian corps.
Well I think it's going to depend on what comes out of the next few months of investigating.
The military -- well of civilians.
In Texas the federal.
They both have jurisdiction over the case at this point it's going to be a matter -- is this.
As summit believe right now lone gunman.
Military on military crime on a military base.
Those are the types of cases that the military wants to keep an it system -- and oftentimes the civilian population agrees.
This is a case it should be kept in the military.
Says that this is in fact.
A bigger conspiracy.
That involves a number of civilian individuals perhaps international or you don't.
But who knows what can come out of this.
It's very preliminary at this point -- Then it's much more likely that the civilians would take the case -- -- Very much at the beginning of all this Michelle McClure.
A former -- -- -- -- air force to deceive yourself thank you.
Thank you Jane.
And if you will context and some perspective on the number of death penalty cases in the military since 1916.
A 135 people have been executed by the military right now there are.
Nine military members sitting on death row in Fort Leavenworth since 81984 there have been 47 capital court marshals.
But only fifteen of those actually ended in death sentences.
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