Ft Hood Shooter to Face Death Penalty

 A court martial and possible death penalty for suspected Fort Hood shooter, Major Nidal Hasan.

Jim Forsyth from FOX News Radio affiliate WOAI in San Antonio, Texas reports:

Read the release on the Hasan decision from the Ft Hood press center below:

DATE: July 6, 2011 10:24:46 AM CDT

Major Nidal M. Hasan is referred to general court-martial

FORT HOOD, Texas — On July 6, 2011, Lieutenant General Donald M. Campbell, Jr., made his disposition decision in United States v. Major Nidal M. Hasan.

Campbell is the commander of III Corps and Fort Hood and in that capacity serves as a general court-martial convening authority.  After considering all matters submitted by defense counsel and considering other appropriate matters, including the recommendations of Hasan’s chain of command, the Article 32 Investigating Officer, and his own legal advisor, Campbell has referred the case to a general court-martial for trial.  The court-martial is authorized to consider death as an authorized punishment.

After a referral of a case to trial by court-martial, a military judge will receive the case and at some future date, set a schedule.  The first likely matter for a military judge to schedule in this court-martial is the arraignment of Hasan.  No military judge has been named to this case at this time.

At a military arraignment, the military judge will discuss several rights held by the accused with the accused to ensure understanding of those rights, such as the right to counsel.  Additionally, a military judge will usually call on the accused through counsel to make motions for relief and to enter pleas.  An accused may request to defer motions and entry of pleas until a later date.

At a military arraignment, an accused can also have the pending charges and specifications read aloud to him in open court or waive the reading of the charges.

The Fort Hood Public Affairs Office will announce the arraignment date and location once it is set and the military judge authorizes its publication.

Hasan is presumed innocent unless and until proven guilty in a court of law.