Houston: A US military judge has ruled that Army psychiatrist Nidal Hasan, charged for the deadly 2009 mass shooting at Fort Hood army installation, cannot claim he killed to protect Taliban leaders.
"A uniformed Army psychiatrist had no justification for gunning down US troops and won`t be allowed to tell jurors that he was protecting Taliban leaders in Afghanistan," the military judge ruled on Friday.
Maj Hasan`s "defence of others" strategy fails as a matter of law, Col Tara Osborn said during a 45-minute hearing. That strategy must show that a killing was necessary to prevent the immediate harm or death of others. Osborn said that no soldiers at the Texas Army post on November 5, 2009, posed an imminent threat to anyone in Afghanistan and that the legitimacy of the Afghanistan war is not an issue at Hasan`s court-martial.
She also ordered that Hasan not present any evidence or arguments about his claims that deploying US troops posed an immediate threat to Taliban fighters.
Hasan, an American-born Muslim of Palestinian descent, faces the death penalty or life without parole if convicted in the rampage that left 13 dead and nearly three dozen wounded.
He asked for a three-month trial delay to prepare for his defense after his request to serve as his own attorney was granted last week.
But that delay seems unlikely since Osborn rejected his defense strategy; she has not ruled on his request. It`s unclear if Hasan will present another strategy.
All defence strategies must be approved by a judge in order to determine if they meet certain legal standards.
He might forego a defence theory, instead having the government prove its case and hope it causes reasonable doubt for at least one juror, Addicott said. Death penalty cases in the military require the jury`s verdict be unanimous in finding guilt or assessing a sentence.
Osborn also said last week that Hasan would represent himself unless he changed his mind or disobeyed the court`s orders and trial rules. Hasan`s former defense attorneys have been ordered to assist him if he asks.
The next hearing is on Tuesday, and along with ruling on the delay request, Osborn is expected to address the defense attorneys` new motions about their role as standby attorneys. Earlier this week, the lawyers said complying with the judge`s order to fully assist Hasan would require them to act unethically. Hasan said they refused to give him legal advice about his defense strategy because they opposed it. The lawyers indicated they may withdraw from the case, which may change due to Osborn`s decision Friday.
Hasan was a licensed psychiatrist who joined the Army in 1997. He had been scheduled to deploy to Afghanistan before the killings, but had been telling his family since 2001 that he wanted to get out of the military.
PTI
