Articles Posted in Uncategorized

AF Nurse DNR case does begin
Philip D. Cave

DallasNews.com reports: Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths. I think what they mean is that in the court-martial opening statement the defense said .…

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Major Hasan’s war crimes trial requests
Philip D. Cave

Military.com reports: Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added) Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon…

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Army about to help the defense with discovery and preparation
Philip D. Cave

I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood. Homeland Security committee begins collecting discovery for the Major Hasan defense team. It’s not clear yet, but it looks like the Army and Department of Defense might also be…

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Homeland Security committee begins collecting discovery for the Major Hasan defense team
Philip D. Cave

Army Times reports: Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week. Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial. Typically the prosecution will play its…

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AF Nurse DNR case delayed
Philip D. Cave

Austin-Statesman reports: A court-martial scheduled to start today for a former Air Force nurse accused of the deaths of three patients in his care has been delayed indefinitely, officials at Lackland Air Force Base in San Antonio said. No reason is given. But AP reports: [J]ury selection was delayed while lawyers discussed discovery.

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When investigators talk with Major Hasan we’ll know more
Philip D. Cave

And pigs have wings and can fly. The media continues to make the comment that investigators are waiting to talk with Major Hasan, at Fort Hood, and once they do we’ll know more about his motives. Huh? We’ll find out at court-martial what each party is suggesting are the reasons and motives, but unlikely before…

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Why did the Army want to keep Major Hasan
Philip D. Cave

There’s plenty of information being put out that Major Hasan had problems, not just with his ideology, but also with his provider skills. So, people ask, why would the Army want to keep him and place him counseling returning or deploying personnel, send him to Fort Hood, and prepare to deploy him. There have been…

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Death penalty debate – more data points
Philip D. Cave

Major Hasan’s acts at Fort Hood are quite appropriately being viewed as apt to impose a death penalty at his court-martial. Based on what we are seeing and hearing there seems to be little doubt that the prosecution can gain a conviction (although an insanity defense is not out of the question). Regardless, the events…

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Recruiter misconduct
Philip D. Cave

If you are like me you get a lot of questions about recruiter misconduct, malpractice, and fraud. Here is an interesting article: Note, THE LEGAL IMPLICATIONS OF UNAUTHORIZED PROMISES AND OTHER MILITARY RECRUITER MISCONDUCT, 17 J. Pub. Interest L. 141 (Feb. 2008). I agree with this statement on About.com: The vast majority of U.S. Military…

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Here’s a start . . .
Philip D. Cave

U.S. President Barack Obama Saturday urged members of Congress not to turn the investigation into the Fort Hood massacre into “political theater.” Reports Military.com. This is a step in the right direction. Ratchet down the political rhetoric, allow the investigators to get their work done, and allow the prosecution and defense to focus on their…

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