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Attorney: President’s address put Fort Hood shooter’s legal case in jeopardy

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by Allison Triarsi / 11 News

Posted on November 7, 2009 at 4:45 PM

Updated Sunday, Nov 8 at 2:52 PM

HOUSTON—While Major Nidal Hasan recovers in a hospital, the depth and complexity of the legal case which could soon surround him is expansive and could take years to conclude, according to well-known defense attorney, Jack Zimmermann.  

Zimmermann said he believes Hasan’s case is in jeopardy.

“Somebody gave some really, really defective advice to the Commander in Chief about the content of that speech,” said Zimmermann.
He’s referring to the President’s Saturday Morning Address when the President said, “This past Thursday on a clear Texas afternoon, an army psychiatrist walked into the Soldier Readiness Processing Center and began shooting his fellow soldiers.”
We’ll let you decide, but Zimmermann believes the Commander in Chief influenced this potential case, saying that is something a high ranking soldier is forbidden to do. 
“A commander says, for example, I want every drug offense that’s charged on this post to be met with a lengthy prison term, said Zimmermann. “Well, that’s command influence and when you have the Senior Commander, the President, the Commander in Chief already convicting this fellow before there’s even been a charge.  It would be difficult for them to go against it."
The President went on to say, "It’s a crime that would have horrified us had its victims been Americans of any background. But it’s all the more heartbreaking and it’s all the more despicable because of the place where it occurred and the patriots who were its victims.”
Time will tell if others who get involved with this case agree with Zimmermann.
In the meantime, we checked and violent crimes committed by high ranking soldiers are extremely rare.
If found guilty, Hasan could face the death penalty.   The last time a soldier was put to death for a crime was in 1961. That soldier faced a death by hanging for rape and attempted murder. 
Here’s how it would work. The first step in Hasan’s military case begins if and when charges are preferred. That’s like a police complaint issued by an Army Commander. Once that happens an investigation, called an Article 32 investigation, will start. But that investigation won’t begin until and if Hasan is physically able to attend those proceedings. From there, a court martial and a trial could begin where Hasan could face the death penalty if convicted. 
 

 

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raymon said on November 7, 2009 at 6:32 PM

Obombo new exactly what he was saying! He supposedly has a law license!

kittenfish said on November 7, 2009 at 6:52 PM

Oh PUH-LEEZE! It's not like many people DIDN'T see Hassan shooting people! The gun was in his hand. The blood was on his clothes. The episode is on tape. There is no "alleged shooter" BS about it!! I don't think anything anyone could say could possibly influence the physical evidence!!

kittenfish said on November 7, 2009 at 6:55 PM

You can't argue with the PHYSICAL EVIDENCE! He had a "smoking gun"... LITERALLY! I don't think anything anyone could say could change that!

kellydown said on November 7, 2009 at 7:01 PM

He should be tried by the State of Texas. He would get a fair trial. We haven't executed anyone since night before last.

fulano_de_tal said on November 7, 2009 at 10:24 PM

Zimmerman is full of it! President Obama merely stated facts! There were hundreds of witnesses that saw what Hasan did. Hasan is soley responsible for his actions and their consequences - his ultimate judgment by a jury of his peers.

wannacomment said on November 7, 2009 at 10:34 PM

KHOU just reported there were 139 witnesses interviewed. I'm thinking this guy has more to fear from what 139 of the people who were there WATCHING him do what he did, than he does from what the Commander in Chief said.

woodlandsman said on November 8, 2009 at 12:14 AM

So healthcare passed, and no mention on ch 11 huh? Wow, SAD. Good riddance, common sense finally rules the day!

hewnhounnd57 said on November 8, 2009 at 8:44 AM

Man... people try to blame Obama for anything and everything....good grief...

bearfoot said on November 8, 2009 at 8:52 AM

I knew this would turn into a long, drawn out, and expensive legal case, where this terrorist filth will eventually be freed because of his "mental capacity" at the time of the shootings. Lawyers! You make me sick! The mass murderer is a "victim". Let's all be sorry I could smell it as soon as the media started in with him being some sort of victim of the military. Awwww the poor schmuck didn't get a fair evaluation. Awwwwww he didn't want to go to Iraq. Awwwww he was a 39 year old un- married loser. Awwwww he didn't like our military being involved in the middle east. WHEN are the REAL men of the United States are going to stand up for what's right ? The women are more "man" than we are. It was a fine woman who took him out and probably it will be a woman who will put him behind bars for the rest of his life. Very few of the male judges today are real men. The men in America are fat, lazy, flip flop wearing momma's boys whose only interest is video, soap operas, bars, and "texting"

givemeabreak said on November 8, 2009 at 9:04 AM

what did he say, that everyone didn' already know? omg, legal case? what legal case? He killed people, omg some were just babies, someones babies. Someone didn't shoot enough, recovering?That is just sick, that someone would defend someone like that "Zimmermann said he believes Hasan’s case is in jeopardy" IT WAS IN JEOPARDY AFTER THE FIRST SHOT WAS FIRED!

houstonman56 said on November 8, 2009 at 11:35 AM

There were enough wittnesses that it doesn't matter what the Dingbat president has to say.

strangehumor said on November 8, 2009 at 11:39 AM

justice for this case cannot be achieved in any u.s. court the man will undoubtedly plead diminished capacity and being a phsyciatrist will know what to say to the courts to prove he is nuts. he should be tried as a war criminal or by a military court where justice is swift and severe not ony should he be charged with 13 counts of murder and 29 counts of attempted murder but also with 42 counts of treason because he only shot these people because they were members of the military and americans which to me says his intention was to undermine the united states government in its war on terror his sentence should be the death penalty with his last meal being pork chops and jack daniels or we could just forget the whole trial thing and ship him off to iraq or afghanistan with no uniform no gun just a tattoo stating american soldier and a little american flag right across that big ole forehead hes got

idiotmike said on November 8, 2009 at 11:53 AM

I believe in a fair trial. This murderer deserves a fair trial before he is convicted and executed.

stjakk said on November 8, 2009 at 1:26 PM

.“This past Thursday on a clear Texas afternoon, an army psychiatrist walked into the Soldier Readiness Processing Center and began shooting his fellow soldiers.”...........................That IS what happened isn't it?.....Since when did the TRUTH ever interfere with justice??????as a society we're WAAAAAYYY to hung up on words like 'alleged'.....if the car is green...its green.........and if Maj.Hasan walked into the soldiers center and started dropping folks then thats exactly what he did.....period.............There is approx. ZERO defense for this MUSLIM'S actions so his lawyer will be scraping the bottom of the precidence books to find one.

ladyshe said on November 8, 2009 at 8:55 PM

Why the President have to be called a dingbat, that's not right! He didn't have anything to do with this case or anything else you want to blame on him.

eastender said on November 9, 2009 at 1:15 AM

“Well, that’s command influence and when you have the Senior Commander, the President, the Commander in Chief already convicting this fellow before there’s even been a charge. It would be difficult for them to go against it." _______________________________________________________________ Oh yeah, nobody would go against President Obama. C'mon, don't you read blogs and comments on stories involving President Obama. They are full of hatred just because of the color of his skin, and his religious preference doesn't help him either; and all the critics hiding behind the big fat elephant say "it's because he's Democrat not the color of his skin". I think his statement will work just the opposite of what this article is saying, and he may walk free. Then again, he's dark skinned and Muslim too, just like Mr. President, so he's pretty much done in west Texas. Has anyone every heard an African-American republican talk negative about our President in front of a camera? I rest my case!

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