Could take decades to execute Fort Hood massacre suspect

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Could take decades to execute Fort Hood massacre suspect

Post by Hush » Tue Nov 17, 2009 6:00 pm

Could take decades to execute Fort Hood massacre suspect Nidal Hasan

BY Thomas M. Defrank

WASHINGTON - The slaughter took just seven minutes, but the wheels of justice will grind on for years or even decades if Maj. Nidal Hasan is sentenced to die.

No matter how heinous his crimes, the Army psychiatrist is entitled to two separate appeals to the Supreme Court.

Under the rules of military justice, his execution would require the personal approval of the commander in chief.

"He's got an array of protections which in some respects exceed those he'd get from a civilian court," said Yale Law School Prof. Eugene Fidell, president of the National Institute of Military Justice.

The cost to taxpayers of his incarceration and legal appeals might reach $30 million, various legal analyses show.

Now that Hasan has been charged in the 13 killings at Fort Hood, the next step is an Article 32 investigation, roughly analogous to a civilian grand jury probe. If that investigation concludes there is probable cause to believe Hasan committed the murders, he will face a general court-martial.

Military legal expert Michelle McCluer, a former Air Force prosecutor and defense counsel, estimates the Article 32 investigation alone probably will extend into next year.

Hasan's military and civilian lawyers are almost certain to file requests for a change of venue, psychiatric assessment and other pretrial motions, further extending the agonizing delays.

If convicted, Hasan still would be decades away from execution by lethal injection because he can appeal his sentence to at least seven jurisdictions.

Army Pvt. Ronald Gray, for example, has been on Death Row for 21 years since he was accused of a string of rapes and murders while he was stationed at Fort Bragg, N.C. Former President George W. Bush approved his execution.

Gray filed an appeal with a federal district court in Kansas just last May. If he loses there, he can petition the court of appeals.

Lawyers say Gray's case will drag on for several more years and reach the Supreme Court a second time.

The military's Death Row is at the U.S. Disciplinary Barracks at Fort Leavenworth, Kan. Nine soldiers have been sentenced to death, but one had his punishment reduced to life on appeal and three others may be resentenced.

Six of the 13 people killed at Fort Hood were laid to rest on Saturday, and services for the remaining seven will take place throughout the week.

Funeral services took place yesterday for Michael Grant Cahill, 62, who was killed in the massacre. Cahill was a physician's assistant who treated returning soldiers from Iraq and Afghanistan and prepared others for deployment.

Mass was offered at St. Monica Catholic Church outside College Station, the Killeen Daily Herald reported.

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Read more: http://www.nydailynews.com/news/nationa ... z0X9m0REOv
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Re: Could take decades to execute Fort Hood massacre suspect

Post by Blaubart » Tue Nov 17, 2009 6:32 pm

The cost to taxpayers of his incarceration and legal appeals might reach $30 million, various legal analyses show.
$0.10 per person in America is a small price to pay for justice.

Assuming of course that justice will actually be served.
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Post by Snake-eater 1 » Tue Nov 17, 2009 6:32 pm

Too bad whichever of the cops that shot him could not have done a Failure Drill--causing Hasan to have a Failure to Live. He was prepared to die, he should have been accomodated.
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Post by MicroGuy » Tue Nov 17, 2009 9:35 pm

Two words.

Timothy McVeigh.

That didn't drag on for decades. But then again, we didn't have hobama in office at the time either, covering for a "fellow" muslim.
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Post by pneumagger » Wed Nov 18, 2009 8:52 am

They should just save money by sticking him with the felony and suspend the sentence indefinitely.
Makes Him a Felon. Makes him accessible by the public.
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Post by Blaubart » Wed Nov 18, 2009 12:42 pm

MicroGuy wrote:Two words.

Timothy McVeigh.

That didn't drag on for decades. But then again, we didn't have hobama in office at the time either, covering for a "fellow" muslim.
Timothy McVeigh wasn't active duty military. A lot of the delay is going to come from that.

Here's an idea of how the Army works:

After I left Korea and went to Ft. Lewis back in 1995, a 9600 baud modem came up missing from the office where I used to work. I picked the modem up from a subordinate unit that had signed for it and I returned it to our equipment room. This was witnessed by another NCO. That was the last time anyone saw it. For the next six months, I received numerous long distance telephone calls from the Captain that was put in charge of the report of survey. In the end, they depreciated the modem as much as they could, and then they withheld $20 from my pay, the NCO's pay, and $40 from our NCOIC's pay.

6 months of work for a Captain in the US Army. Probably $20-30 in long distance charges and postage to me alone. Who knows how much other resources were used in driving around, preparing paperwork, etc. All for a craptastic phone modem that was virtually obsolete at the time. If only he would have asked me up front if I'd be willing to just cough up $20 to save all the time and effort, I'd have told them to go for it.

Sadly, I think 20 years and $30 million is a reasonable guesstimate... :roll:
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Post by MicroGuy » Wed Nov 18, 2009 12:53 pm

That's true. That's why I never joined up. I saw that s--t every day, from your captains point of view. I was an Army brat.

What I mean is, the feds can play by different rules. When you're on the list, you're on the list. In civilian life (courts) you can use delay tactics, over and over and over.....

Plus, there's always some lib group out there willing to help you out.

No so with the feds. I think he'll get a couple of appeals, then that's about it, it's a matter of waiting. Unless something major comes up, when his time is up, his time is up.

Of course I could be wrong. It could end up being worse than civilian court.

That's why I made the comment about hobama. No telling what will happen with that slug in office. Then you have to whole democrat party in charge right now too.

Who knows??




Shame you had to go through that. But that's not so much military life as it is just life. I've been through the same s--t. It's so stupid and such a waste of time. But, there are people out there with screws loose, that think it's perfectly OK to waste $100 to recover $10.

That guys thinking either HE is looking bad (not you), or is gonna be responsible for it, and no matter what, he's clearing this bad mark off the record.

Doesn't matter that you'd pay for it just for it to go away. Not the point.

I've had and known a LOT of bosses like this......
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Post by Blaubart » Wed Nov 18, 2009 1:00 pm

MicroGuy wrote:That's why I made the comment about hobama. No telling what will happen with that slug in office. Then you have to whole democrat party in charge right now too.
Under the rules of military justice, his execution would require the personal approval of the commander in chief.
In a way, I'm hoping that it will take at least three years for this guy to be found guilty and come up for sentencing.
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Post by MicroGuy » Wed Nov 18, 2009 1:10 pm

Oh yeah, probably. I doubt hobama even WANTS this on his plate.

Because you just KNOW the death penalty is called for. I doubt hobama could do it.


So, if nothing else, HE himself will stall the trial as much as possible.
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Post by jlwilliams » Wed Nov 18, 2009 5:38 pm

We can always hope he runs into a modern day Jack Ruby in parking garage.

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Post by steve7478 » Wed Nov 18, 2009 10:48 pm

You think that everyone in the US is a taxpayer. funny joke.
There is an 11 to 17 minute response time to a 911 call. You can either choose to put effective rounds on target, neutralizing the threat, or try to find a telephone. The person who killed you while you were dialing 911 will have enough time to cook a frozen pizza before the "Badged Historians" show up to draw the chalk line.

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Post by YugoRPK » Thu Nov 19, 2009 12:18 am

The army hasnt executed anyone in almost 50 years. I'm sure they can figure out how but it will be a learning process.
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