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Tuesday, August 20, 2013

Ft. Hood jihad trial; judge denies use of evidence which would show motive

"The judge, Col. Tara Osborn, excluded much of the evidence that the prosecution contends goes to the heart of the motive for the attack, including e-mail communications between Hasan and Anwar al-Awlaki"

The Obama administration calls it "workplace violence" and wants nothing to intrude on their little hallucination, thus the judges refusal to allow evidence that would point to motive.  To do so would open a can of worms no one wants to deal with; the ideology of Islam that required Hasan to do what he did.  To talk about that would be Islamophobic.

From CNN August 19 by Chelsea J. Carter

Nidal Hasan challenges witness account of Fort Hood shooting at court-martial

Fort Hood, Texas (CNN) -- Army Maj. Nidal Hasan challenged a witness's account of the police shootout that ended a rampage at Fort Hood that left 13 people dead, a rare courtroom exchange from a man who has admitted to opening fire on soldiers deploying to Afghanistan and Iraq.

The exchange occurred after prosecution witness Sgt. Juan Alvarado testified to seeing Hasan shoot a police officer and then shoot her again while she was down.

Hasan is acting as his own attorney, defending himself against 13 counts of murder and 32 counts of attempted murder in connection with the November 5, 2009, attack.

"I don't want to put words in your mouth. Are you saying that she was disarmed and that I continued to fire at her?" Hasan asked.

Alvarado responded: "Yes."

"I have no more questions," Hasan said.

For his part, Hasan has said little during the death penalty trial, other than to say he was the shooter.

But on Monday, Hasan appeared to be casting doubt on Alvarado's testimony that he shot a wounded, unarmed female police officer. The officer earlier testified that after Hasan shot her, he kicked her weapon out of her reach.

Hasan has left no doubt about his role, telling a panel of 13 officers during a brief opening statement: "The evidence will clearly show that I am the shooter."

He's also left little question about why he did it, repeatedly saying before the trial started that he was acting to protect Taliban leaders in Afghanistan from the U.S. military.

While the military has avoided labeling Hasan a terrorist or charging him as such, prosecutors wanted to use the evidence to show that the devout Muslim had undergone a "progressive radicalization," going so far as to give academic presentations in defense of suicide bombings.

Hasan, who was scheduled to deploy to Afghanistan, did not want to fight against other Muslims and believed "that he had a jihad duty to kill as many soldiers as possible," lead prosecutor Col. Michael Mulligan has said.

The judge, Col. Tara Osborn, excluded much of the evidence that the prosecution contends goes to the heart of the motive for the attack, including e-mail communications between Hasan and Anwar al-Awlaki, the U.S.-born cleric who officials say became a key member of al Qaeda in the Arabian Peninsula. He was killed in U.S. drone strike in 2011.

Osborn ruled that the e-mails would have to be "redacted to prevent undue prejudice by association" and would diminish its use as evidence.

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