Judge denies use of emails during opening statement; grants use of photo, audio, evidence in Hasan case

FORT HOOD, Texas -- In the case of U.S. vs. Maj. Nidal M. Hasan, Military Judge (Col.) Tara Osborn denied use of three alleged e-mails between Hasan and Anwar al-Awlaki by the government in opening statements. 

In addition, government prosecutors asked the judge to reconsider a previous motion to preadmit this evidence, but Osborn again denied the motion, saying she would wait to determine the admissibility of this evidence until she hears testimony at trial putting the evidence in context. 

Other matters discussed today were the admissibility of photographic and video evidence, which were granted by Osborn, and the admissibility of 3 audio 911 calls recorded during the incident on Nov. 5, 2009.  A request for an order limiting public statements made by either the government or defense not related directly to matters presented in court or upcoming court hearings was denied.

The next pre-trial Article 39a hearing is scheduled for 9 a.m. Aug. 2 here.

The panel is scheduled to convene at 9 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. 2, 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.