Government granted right to use motive evidence

FORT HOOD, Texas – In the case of U.S. vs. Maj. Nidal M. Hasan, Judge (Col.) Tara Osborn ruled in a pretrial hearing Aug. 2 that the government may introduce Internet searches on the Taliban and jihad conducted by Maj. Nidal M. Hasan in the days and hours before his alleged attacks on fellow service members here.  

In order to establish a timeline of progressive radicalization, the government requested the introduction of Hasan's academic presentations in defense of suicide bombing, his interest in Sgt. Hasan Akbar, and presentations about soldiers conflicted about their military service because of their religion, when that conflict also resulted in crime.  The judge deferred ruling on this motion until the government presents evidence at trial to put the evidence into context.

The prosecution asked the judge for permission to enter Military Police Officer Mark Todd’s testimony in the Article 32 hearing in lieu of testimony during the trial. The prosecution’s request was denied by the judge. The judge initially denied the prosecution's request, but said the parties could offer more evidence to establish Todd was medically unavailable to testify.

Hasan joined in a motion with Fox News to compel the government to allow him to have an on-camera interview by the media.  The judge ruled this was not a matter within the purview of the court and denied ruling on the motion. 

In other matters, the judge clarified with Hasan that he only plans to call two witnesses during the trial. She also entered into evidence several stipulations of fact and stipulations of expected testimony from subject matter experts.

At the end of the hearing, she restated her ground rules for the procedures to be followed during trial.

The judge told Hasan that he could testify on his own behalf but could not testify during his opening statements if he chose to make one.

The panel is scheduled to convene at 8:30 a.m. Aug. 5 to allow time to conduct additional questioning in the event a current panel member becomes unavailable. The first day of testimony in the court-martial remains scheduled for 9 am. Aug. 6.

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

On Aug. 5 and 6, satellite trucks should report at 6 a.m. to the Fort Hood Clarke Road Gate on West Highway 190. Truck registration and credentialing ends at 7 a.m.

REPORTERS AND PHOTOGRAPHERS SHOULD CHECK IN AT 440 PLAZA ON FORT HOOD STREET, KILLEEN, TEXAS, FROM 6-7 A.M. 

NOTE: Only those media outlets already preregistered for the trial will be granted access.

All media should be prepared to show a U.S. driver's license with photo and an accredited press badge with photo.