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Hearing delayed in Fort Hood killings

The Article 32 hearing is similar to a civilian grand jury proceeding

By Angela K. Brown
The Virginian-Pilot

Fort Hood, Texas — Wearing his Army uniform and sitting solemnly in a wheelchair, the psychiatrist accused of gunning down 13 people at Fort Hood made his first courtroom appearance Tuesday and won a delay in his case.

Maj. Nidal Hasan, who was paralyzed after being shot by two Fort Hood police officers, only spoke when answering questions about the proceedings with a soft: “Yes, sir.”

His attorneys sought a delay in his Article 32 hearing because they needed more time to review reams of documents they recently received and still lacked other key documents, including the FBI ballistics report and a government review on the Nov. 5 shootings.

The Article 32 hearing, similar to a civilian grand jury proceeding in which a judge hears witness testimony to determine whether the case should go to trial, is set for Oct. 4.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the worst shooting on a U.S. military post.

Before Tuesday’s one-hour hearing, Hasan was flanked by military police as he rolled his wheelchair into the courtroom and up to the defense table. One of his attorneys said Hasan was cold, and later an attorney draped a large seafoam-green blanket around his shoulders. Hasan pulled it tightly against him and sometimes covered his nose with it during the proceeding.

He answered “yes, sir” or “I understand, sir” when asked if he understood his rights, had read the charges against him and knew of his right to a speedy trial.

Officials had increased security at Fort Hood on Tuesday, blocking off the road to the court building, having bomb-sniffing dogs search the parking lot and using hand-held metal detectors to screen the few people approved to be in the court. Usually, none of those precautions is taken.

Col. Michael Mulligan, the lead prosecutor, objected to delaying the Article 32 and said prosecutors would be ready to proceed in July. He said prosecutors did not have the FBI ballistics report or government review but would keep working to provide those to the defense.

Col. James L. Pohl, a military judge who is acting as the investigating officer in the case, said he planned to call the 32 injured victims as witnesses at the hearing.

Hasan’s first courtroom appearance Tuesday, security was increased at Fort Hood, Texas. Hasan, who was paralyzed after being shot by two Fort Hood police officers during the Nov. 5 attack, appeared in a wheelchair for the hearing. Maj. Nidal Hasan is accused of killing 13 and wounding 32 on Nov. 5.

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