The defense rests in Major Hasan court-martial

FORT HOOD, Texas -- Court reconvened 9 a.m. Aug. 21 with an Article 39A hearing where Judge (Col.) Tara Osborn clarified a ruling she made in regard to witnesses being able to speak to the media.  She reiterated that this was a temporary order and that once the court-martial is over, the witnesses will be able to speak about the case.

Once the panel entered the courtroom and was seated, the proceeding began with Osborn instructing Hasan to begin his defense.  Hasan stated, “the defense rests.”

The panel was then instructed to leave the courtroom until 9 a.m. Aug. 22 so the court could address procedural matters.

During an Article 39A hearing that immediately followed, Osborn instructed both parties to review documents, which lists more than 700 pieces of evidence, for their admissibility to the panel members for consideration during deliberations.

Osborn asked Hasan if he wanted her to include in her instruction to panel members that Hasan did not take the stand; Hasan replied yes.

Osborn also made an inquiry on the record, if the parties’ thought the evidence raised the lesser included offense of voluntary manslaughter to premeditated murder.  Both parties told Osborn the evidence did not raise that lesser included offense, and Osborn stated she would take the matter under advisement.

Instructions on the charges were discussed in an Article 39A session outside of the presence of the panel at 4 p.m. Aug. 21.  The accused stated he would defer to the judge’s discretion on the instructions submitted to the panel.

Finally, the panel will hear any closing arguments offered by the parties Aug. 22.  They will be provided instructions as determined by the judge. 

Parties will be back in court at 9 a.m. and the panel is expected shortly thereafter at 9:15 a.m.  Aug. 22.

The accused, Hasan, is presumed innocent unless and until proven guilty in a court of law.
 
On Aug. 22, satellite trucks should report from 6-7 a.m. to the Fort Hood Clarke Road Gate on West Highway 190.

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 who have preregistered for the original June 5 Panel Selection and subsequent trial will be granted access.