Alleged Fort Hood shooter is paralyzed, lawyer says

[jefferson_dem]

Source: CNN

Alleged Fort Hood shooter is paralyzed, lawyer says
November 13, 2009 -- Updated 1251 GMT (2051 HKT)

Fort Hood, Texas (CNN) -- Maj. Nidal Malik Hasan, the U.S. Army psychiatrist accused of killing 13 people at Fort Hood Army Post in Texas a week ago, is paralyzed, his lawyer said Friday.

"It appears he won't be able to walk in the future," said Hasan's civilian attorney, retired Army Col. John Galligan.

Authorities say Hasan opened fire at a military processing center at Fort Hood on November 5. A civilian officer who was wounded in the incident returned fire, wounding Hasan.

Galligan said he spent an hour with Hasan in San Antonio on Thursday. A family member whom he did not identify was also present during the hourlong meeting.

Read more: http://edition.cnn.com/2009/CRIME/11/13/fort.hood.hasan/index.html?eref=edition

[bsd13]

1. Cry me a river

"It appears he won't be able to walk in the future,"

[BunkerHill24]

7. YEP...just like Charles Manson...walkin', and livin'!

[JCMach1]

2. Death penalty for a paralyzed guy?

[bsd13]

3. Why not?

Being paralyzed doesn't absolve him of his guilt. It doesn't pay for the crime.

[YOY]

5. The death penalty makes them pay?

Seems like an easy way out and cheap childish vengence that will fix nothing but make the most infantile minds happy that he is "suffering" now in some imaginary place for bad people.

Put him in a cell. Study him. Do not torture him. He may even be mentally ill. Needless to say...he is never getting out.

[Name removed]

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[YOY]

30. It costs more to kill them than to take care of them with legal process costs.

And no. We do not do away with legal processes.

Jihad? Sure. Whatever...you know that he hasn't gone to trial yet, right?

Lemme see...concerned with money but not really knowing what is cheapest. Unfamiliar with due process. Rackin' it up!

[WriteDown]

33. Not really.....

It costs more because most DP penalty cases take 20+ years before the actual punishment.

[YOY]

38. 20+ years of death row imprisonment. Special housing. Makes sense.

Here I thought it was the lengthy appeals process that cost so much.

[Threedifferentones]

71. As they must

Do you not pay attention to how many innocents have been released from death row?

[Garam_Masala]

77. Less than 1% ?

[Exultant Democracy]

81. No, it least 2.3% nation wide and higher in places like Texas, are you ok with

are you ok with 2 out of every 100 people we kill being innocent, I know Im not.

[Garam_Masala]

88. People routinely killed-->.

50,000 people every year in road accidents
1000's of young soldiers in unnecessary wars
100,000 murders every year in US
50,000 every year due to mistakes in hospitals
And all those people above are innocent people who have committed NO CRIME.

So what is 2.3% of CONVICTED MURDERERS on Death Row?

Sorry, I have no sympathy for violent criminals who have raped, murdered and tortured
innocent people. If AND ONLY IF there is incontrovertible proof via video, numerous
impartial witnesses, the criminal should be executed pronto.

The Assasination of Mahatma Gandhi was witnessed by 500 people. The assasin was hanged
within few months....not 20 years. And this is in a country where non-violence is revered
and very few capital punishments. The Indians have more common sense!

In our country, How many YEARS Sirhan Sirhan spent in prison at tax payer expense after
hundreds witnessed his assaination of Robert Kennedy, one of my heroes?

[Bill McBlueState]

92. Anything greater than 0 is too high

if you have any moral sense at all.

[Hepburn]

101. +1,000,000....amen. n/t

[Garam_Masala]

76. Exactly! Convicted DP criminals should be executed within 3 months

[YOY]

79. Wow...that's just wow.

Fuck justice. Garam_Masala knows that appeals are for sissies.

I highly reccomend reading up on due process.

[robo50]

82. Yeah, why bother with due process in a nation founded upon

stuff like that? George Bush didn't believe in it, and neither did a lot of other Texans.

I guess we live in the United State of Texaas now.

:sarcasm:

[Garam_Masala]

86. AFTER they are convicted in a court of LAW

there is no need to spend 20 years of tax payer money giving them
4 square meals every day, gym for exercise, library & TV etc.

[Garam_Masala]

87. Does the constitution call for swift justice?

Then AFTER the court of LAW has ruled he/she is guilty, why blow
tax payer money for 20 years?

[YOY]

89. The Ron Paul site is the other way.

Really, folks here can be pro or anti death penalty. Never does anyone dare suggest what you do...because what your suggesting is fucking barbarity. There indeed have been cases where innocent folks have been freed upon the uncovering of new evidence. Seldom does this new evidence come up within 6 months of a verdict.

But of course...you're some kind of expert who doesn't give a shit about the odd chance of executing innocent/insane people or even the rare chance or redemption while living. There is a reason why many of us happily mess with the dumber side of Texas.

You have said shit and been disproven. You are in some sort of weird bloodlust mode. You have made accusations and been found wanting of everything. Time for you to leave.

[Garam_Masala]

91. Obfuscation!

50,000 people every year in road accidents
1000's of young soldiers in unnecessary wars
100,000 murders every year in US
50,000 every year due to mistakes in hospitals
And all those people above are innocent people who have committed NO CRIME.

So what is 2.3% of CONVICTED MURDERERS on Death Row?

Sorry, I have no sympathy for violent criminals who have raped, murdered and tortured
innocent people. If AND ONLY IF there is incontrovertible proof via video, numerous
impartial witnesses, the criminal should be executed pronto.

The Assasination of Mahatma Gandhi was witnessed by 500 people. The assasin was hanged
within few months....not 20 years. And this is in a country where non-violence is revered
and very few capital punishments. The Indians have more common sense!

In our country, How many YEARS Sirhan Sirhan spent in prison at tax payer expense after
hundreds witnessed his assaination of Robert Kennedy, one of my heroes?

[LeftishBrit]

93. So because people get killed in other ways, it's OK to execute innocent people?

And if there are 100,000 murders a year in the USA, that rather suggests that the DP is not working as a deterrent anyway.

[Garam_Masala]

94. Did you flunk English comprehension courses?

Please read my post AGAIN. I said when there is incontrovertible proof of guilt
such as a video record or multiple impartial witnesses to murder...there is no
need to waste taxpayer money by delaying DP justice.

[YOY]

95. He is "English" you twit...and you used Ghandi to justifi the death penalty.

That's fucking laughable. The guy who said "An Eye for an eye causes the whole world to be blind."

That's like kicking a soccer goal into your own teams net.

And just what did Robert Kennedy do to impress you so much that you feel that due process needs to be thrown out the window?

[Garam_Masala]

96. When I was in UK, I heard more grammatically wrong English

than in US or Canada. So his bad comprehension skills don't surprise me.

As for Robert Kennedy, what impressed me the most was his courage in
going after organized crime as Attorney General. Also his efforts and leadership for advancing civil rights is legend.

And you really need to clean up your language. Using 4 letter words
at the drop of a hat reflects on your upbringing.

[Hepburn]

100. I totally agree...

....DP appeals cost a hell of a lot more than feeding and housing an inmate, even in max security, for the rest of his/her days.

IMO, spending life in a tiny cell ~~ far worse than escaping via the DP.

JMHO

[TheWraith]

44. The death penalty is much more expensive than life in prison.

It costs $200,000 to imprison somebody for the rest of their natural life. Factoring in appeals, it costs $1.8 million to execute someone.

[Xithras]

51. No, this will be a federal military trial. His death will come much faster than most.

His jury will be made up of military officers of superior rank, a finding of guilt does NOT have to be unanimous, his punishment will be determined by the jury via secret ballot (death penalty does require unanimous consent), and he cannot appeal back to the same court that convicted him. Once convicted, he gets two appeal requests (each of which can be denied without hearing) and a single petition to the Supreme Court. If those fails, his last shot is to request clemency from the President. That process shouldn't take more than a year or two, at the most. His execution would be scheduled within a few months of his final appeal.

Military justice works very differently than civilian justice. This guy is going to be tried and executed as a soldier, not as a civilian murderer.

[Chan790]

58. Uh...

tell that to the 8 men that are currently on military death row. No executions since 1961 and a few guys that have been waiting on the needle for more than 20 years. That's some efficient military justice right there.

They're in no hurry to execute anybody. It requires a signed order by the current President and only one President has signed one since the military death penalty was reinstated in 1984: George W. Bush. That order was stayed by a military court and is now invalid that George W. Bush is no longer POTUS.

If you'd like to know all about it and who these men are, their crimes and the current disposition of their cases, you can find it here: http://www.deathpenaltyinfo.org/us-military-death-penalty

[Sen. Walter Sobchak]

75. the death warrant is still valid, but irrelevant.

The execution that occurred under JFK had actually be approved by Eisenhower three years earlier, it doesn't have to be re-confirmed by the new president. However it was only because of administration pressure that the process got that far. It is at a stand-still again.

The military justice system simply doesn't give a fuck about the death penalty, it is very unlikely another US soldier will ever be executed.

[Chan790]

57. Hate to break it to you...

the cost of an execution is higher than the cost of life-incarceration. Revenge is not a legal right, not even for the state.

Why should we waste perfectly good resources to execute a guy who is paralyzed...it cuts his life-expectancy significantly anyways. He isn't going to live another 40 years, he likely won't live another 15 even...and if he's convicted and sent to a military prison like L'worth, he isn't going to live 6 months in a chair before someone kills him.

[Garam_Masala]

64. Hard to believe 40 years of 4 square meals, healthcare, roof over head,

library, exercise gym, television, etc is higher than 1 day execution.
But if you are right, where can I send donation to hang this guy?

[YOY]

67. Wow you make prison sound fun. Almost humane...oddly, before the trial has even been scheduled...

Now who does that?

I cannot put my finger on it.

[Garam_Masala]

68. Excuse me his massacre was witnessed by hundreds of people

Are you really serious there is a doubt in your mind about his guilt?
If yes, I wonder about your mindset.

[YOY]

73. In this country everyone is innocent until proven guilty (or in this case possibly insane) by

a trial of their peers. Of course military cases work a little differently but don't put really guilt before trial either. Due to the nature of the case and the sheer number of witnesses he will most likely be guilty or insane...but you cannot legally claim either until the trial is over...and to propose punishment, capital or corporal, is not only childish but tantamount to vigilante justice.

Wonder about my mindset while you reach up your ass to make it look like I condone his actions or deny what happened...but first read the constitution.

[Trajan]

85. Masala

DU is home to those of a Liberal persuasion, and while many Liberals differ on subjects like the Death Penalty; rarely do they crave it with such enthusiasm and wanton desire, as expressed in your posts ...

Are you absolutely positive you should be in DU ? ....

Is there perhaps a place in the internets which better suits your strident RW disposition ?

[LanternWaste]

60. Nor will they...

"The "14" he murdered have no voice..."

Nor will they regardless of the outcome.

[KamaAina]

61. Speaking of 3 squares a day...

...suddenly I'm hungry for pizza.

[YOY]

74. Got a couple hungry folks here...

n/t

[Garam_Masala]

63. I do not want my tax dollars go to support this vermin for life eom

[YOY]

66. You want more your tax dollars to go for the 20 year of appeals and special housing then?

Trials not done...hasn't even started. Yet you seem to know the verdict and the motive and have decided on the punishment.

Frank Castle is that you?

[Garam_Masala]

69. You don't believe the 100+ eye witnesses who experienced

the shootout by this fanatic? What exactly in your mind thinks this guy might be innocent?

[YOY]

72. He is innocent: until proven guilty. And he will most likely be proven guilty or insane.

See above for a quick explanation of how what "innocent until proven guilty." Very simple theory really and it's the founding cornerstone of out legal system. It's what prevents lynch mobs from happening.

He has a snowballs chance in hell of being found innocent...but the trial isn't even scheduled and you've got a hard on for capital punishment.

If you take that for me thinking he's "innocent" and will be found "innocent" in that trial well then...I just have no words for that level of reaching or logical ineptitude. May I recommend paying a lawyer vast sums to explain the theory to you?

Once again...it costs more to kill someone than to keep them for life.

[Deep13]

15. We don't want to make a martyr out of him.

That's what he was trying to do, remember? Let him live as a failure.

[jefferson_dem]

4. His physical impairments are irrelevant as to determining proper punishment.

Personally, i'm opposed to the death penalty regardless.

[KansDem]

103. Not always.

Consider the case of the Harry Helmsley, the husband of Leona:

His wife, Leona Helmsley — notoriously called the "Queen of Mean" — was convicted in 1989 on federal charges of tax evasion in a celebrated trial. Harry had been indicted along with Leona, but it was determined that he was far too ill physically to stand trial and too weak mentally to be capable of assisting his attorneys in his own defense, one of the legal standards which allows crimes to go unprosecuted on the grounds of mental defect of the defendant.

http://en.wikipedia.org/wiki/Harry_Helmsley

I remember at the time thinking they guy's too feeble to stand trial but healthy enough to be free to spend his billions?
:eyes:

I know this is only one instance, but I'm certain there are others...

[Taverner]

56. No way! I say let him live like that

He will be trapped in his own prison for the rest of his life - and it will be just

[Garam_Masala]

65. His 13 innocent victims are paralyzed over entire body eom

[stray cat]

6. Paralyzed from the waist down -he is luckier than most

[get the red out]

10. He wanted to die

Seems he didn't get what he wanted. Going to live and face what he's done.

[slackmaster]

28. I agree strongly with get the red out's post

:hi:

[dgibby]

43. I'm guessing he woke up very surprised to still be here.

Looks like a "suicide by cop", among other things.

[Odin2005]

11. They expect us to feel sympathy for him?

[countmyvote4real]

12. He's lucky to live (and die) in America.

It's going to take some time, but he will eventually get his death wish.

Sad that even one person had to die for it to come to pass.

Still, he's in Texas. He might as well already be dead.

[rasputin1952]

32. TX has no jurisdiction, it was on Federal land under the UCMJ and

several Federal counts that he will be tried.

[rasputin1952]

13. He can go to trial in a wheelchair...

I want this individual to go to trial, be convicted and spend the rest of his life in prison thinking about what he's done.

[sendero]

16. You, like so many misguided folks..

... are under the mistaken impression that this guy feels remorse.

He plotted this deed and methodically carried it out. You think he's sorry? He probably expected to die in this shootout and collect his 72 virgins.

I hope he's executed in 6 months. There is NO question of his guilt. His crime is inexcusable. He should be executed quickly like a dog gone rabid, because that is pretty much what he is.

[atreides1]

19. And you know this how?

I really enjoy the psychics here on DU! They always seem to know what someone they have never met is or isn't feeling!

And then there's the whole dehumanizing name calling thing.

If you have any evidence to prove what you're claiming, then please share it with the authorities so that this process can be done quickly and you can have your pound of flesh and the blood letting that you seem to crave!

[sendero]

21. I don't know this...

... .. and I don't care. The maggot forfeited his life when he CHOSE to kill 14 innocent people.

[rasputin1952]

26. It is not a question of symapthy, it is a question of justice...

Justice need not be only about the DP.

[sendero]

49. In this case...

.... nothing less will suffice.

[Kali]

41. psychic psychiatrists, no less!

[rasputin1952]

20. Not to sound facetious...

but the possibility he may feel remorse later in life is very real. Taking away that possibility would not be in everyone's best interest.

There is also a case to be made for studying this individual and gaining knowledge, I want to know what prompted him to this action, what drove him to that point...and make him understand how truly insane it was.

[sendero]

Not enough....

... let him feel his remorse when he finds out there are not 72 virgins.

[rasputin1952]

25. So yu are saying that executing him will eradicate the crime...

or will somehow be a salve for the masses?

The allusion that he did this because he is Muslim does not help either. While I can be relatively certain that was an aspect for the "justification" of what he did, I cannot believe this was essentially about his religion. There are deeper concerns than just his religion.

[WriteDown]

34. He should be cryogenically frozen. nt

[DissedByBush]

37. I am effectively against the death penalty

The thought that one innocent person can be put to death in my name horrifies me.

But he was shot during the commission of his crime. We know he did it for a fact and not just beyond reasonable doubt.

I may be willing to make an exception for this one since there is no chance we would be executing an innocent.

[kestrel91316]

50. The only way I am NOT ok with the DP in this case is if there is

substantial evidence that he suffers from legitimate mental illness in the form of psychotic delusions, such as schizophrenia. But I have a sneaking suspicion he's just a Grade A asshole full of hate.

[Hepburn]

102. There are two required elements to all crimes:

1. A sufficient act; and

2. A sufficient bad mind set.

Both of the above must occur at the same time.

We know for sure there was a very sufficient act to justify a murder charge. The question is the mindset and that will be the issue which is fought over in the trial.

I cannot get into his mind and I have not seen any evidence one way or the other. I have my personal opinoins on his guilt, but as a lawyer, I know what has to be proven beyond a reasonable doubt by the prosecution: That he had the specific intent to kill AND that any mental defect which would be alleged by the defense is not legally sufficient to exculpate him.

[SkyDaddy7]

39. Although I agree this POS deserves to die...

However, don't you think it would be a worse punishment for him to lay in jail cell paralyzed for the rest of his natural life? I think it would considering he wanted to die...Killing him would be giving him what he wants. I think all Jihadist should be kept alive...Not Martyred!

[christx30]

99. I totally agree with you

I'm not anti-DP, but I don't think he should be put to death. Put him on a bench in a cell for the rest of his life. No TV. No books. Give him 2 meals a day (which I sometimes don't get), and pretty much ignore him until the day that we walk in there and find the dead body.
Pretty much just turn that room into asshole storage.

[snooper2]

104. As long as nobody has to bath him...

being that he won't be able to do that himself...

How would you like that gig?

[Deep13]

40. Which is exactly what he wants.

An other holy martyr for Allah.

[Garam_Masala]

70. +1000

[bigworld]

17. Who has jurisdiction here? Texas? Or the Army?

Just curious.

[FSogol]

23. The army, of course. It happened on the base. n/t

[rasputin1952]

24. It happened on Federl Military Property, by a soldier to other

soldiers. This would fall under the UCMJ and Federal law.

TX essentially has nothing to do w/it except tht TX is the state that ha Ft Hood within it's borders.

This will be a Court Martial.

[mvd]

52. I agree, ras

I am against the DP in all cases, even this one. I don't believe in picking and choosing.

[Homer Wells]

22. I'm okay with that!!

I can hear them now as he heads toward his execution:

"Dead Man Rolling!!"

[slackmaster]

27. It must really suck to be him right now

The choices we make in life have consequences.

[rasputin1952]

31. I have no sympathy for him...

he made the choice to do a dastardly deed...he needs to pay. I want him to have a long life of misery, I want him to realize the pain he brought on to others. If he has a "magic moment of lucid thought, I want him to realize, and have to live with the consequences of his action. I want him to feel anguish, every day for the rest of his life.

I can say the same thing about bush and cheney...I want them to suffer under the pressure of what they've done.

[WriteDown]

35. Like I said upthread, he needs to be cryogenically frozen...

and right before he goes under whisper in his ear that since he won't be technically dead there is no chance of him getting his 72 virgins ever. I love the humane approach.

[Name removed]

36. Deleted message

Message removed by moderator. Click here to review the message board rules.

[YOY]

48. Advocating Rape, eh.

Cute. Unofficial corporal punishment.

[uppityperson]

53. marking for prison rape bs

[lynne]

42. He shouldn't be executed, that would make him a martyr to some. -

Let him live a long, pathetic and forgotten existence with only the minimal comforts as required by law.

[robo50]

83. Yeah, I am for that! Life in a wheelchair is hard enough OUTSIDE

of a military prison.

Think of what it will be like inside that prison, with no media access to him, for a long long time.

[AngryOldDem]

45. It's not going to make any difference, anyway.

His future looks to be pretty short.

[crim son]

46. I hope he lives a long life, paralyzed.

He needs plenty of time to think about what he did, and how he has been rewarded by God/Allah/The Easter Bunny.

[MilesColtrane]

47. Nice shot.

[proteus_lives]

54. Tell his lawyer not to worry.

They'll build a wheelchair ramp in the execution chamber.

[Quantess]

55. Now he can't walk away from caregivers who give him bad vibes,

dirty looks, or snide comments. And, you just know plenty of the health professionals who are assigned to take care of him are not holding back.

I'd say that is a better punishment than if he had survived.

I wouldn't be at all surprised if he offs himself soon.

[JonQ]

59. Too bad he's not completely paralyzed

I imagine that's one of the worst things that could happen to a person.

If he were then I would push very strongly for life in jail, hell give him the best healthcare possible. Then lock him in a room with no entertainment for the next 60 years.

[depakid]

78. You forgot the fire ants

must be getting slack....

[Paladin]

80. Spend A Lot Of Time Imagining Such Things, Do You? (n/t)

[KamaAina]

62. Well, then, we'd better make sure he gets an accessible prison cell

hadn't we?

[robo50]

84. Those stairs are a bitch to fall down in a wheelchair !

[marshall]

90. He will also require assistance to do his daily prayers

http://islam-qa.com/en/ref/71202

[EFerrari]

97. We really need a Sadistic Fantasy Appreciation forum. n/t

[Socal31]

98. I am guessing...

That is his ticket to life in prison instead of the needle.

Oh well, both are hell.