Fort Hood shooter's future
FORT HOOD, Texas — If Nidal Hasan plans to welcome a death sentence as a pathway to martyrdom, the rules of military justice won’t let him go down without a fight — whether he likes it or not.
The Army psychiatrist was sentenced Wednesday to die for the 2009 Fort Hood shooting rampage that killed 13 people and wounded more than 30. But before an execution date is set, Hasan faces years, if not decades, of appeals. And this time, he won’t be allowed to represent himself.
“If he really wants the death penalty, the appeals process won’t let it happen for a very long time,” said Joseph Gutheinz, a Texas attorney licensed by the United States Court of Appeals for the Armed Forces. “The military is going to want to do everything at its own pace. They’re not going to want to let the system kill him, even if that’s what he wants.”
Hasan opened fire at a Fort Hood medical center packed with soldiers. He also was set to soon go to Afghanistan to counsel soldiers there, and said he carried out the attack to protect Muslim insurgents on foreign soil.
Now that Hasan has been sentenced to death, a written record of the trial will be produced and Fort Hood’s commanding general will have the option of granting clemency. Assuming none is granted, the case record is then scrutinized by the appeals courts for the Army and armed forces.
If Hasan’s case and death sentence are eventually affirmed, he could ask the U.S. Supreme Court for a review or file motions in federal civilian courts. The president, as the military commander in chief, also must sign off on a death sentence.
That process is anything but speedy. The military hasn’t executed an active-duty U.S. soldier since 1961.
As the appeals proceed, Hasan is going to military death row at Fort Leavenworth, Kan. He was shot in the back during the rampage, paralyzing him from the waist down. He is confined to a wheelchair and requires specialized care — though the death row facility has a health clinic that apparently can meet his needs.
Once his appeals begin, Hasan will be assigned military counsel. He could also choose to retain civilian lawyers.
John Galligan, a retired Army colonel who was Hasan’s former lead civilian counsel, said he doesn’t believe Hasan is seeking execution, as his appointed standby lawyers at trial have suggested. Galligan said several civilian attorneys — including anti-death penalty activists — have offered to take on the appeal.
