Court-Martial Trial Practice

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…

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…

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…

I commented a while ago about the Navy bottom-blow to remove the lowest quality performers to meet numbers. Stars & Stripes reports the AF needs to reduce, but it’s not clear how the reduction will be accomplished.

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.

Military.com reports: A Maryland Soldier is in Army custody and classified as a deserter — unfairly, relatives say — after he extended a two-week midtour leave to take care of his sick wife and their new baby. U.S. Rep. Roscoe Bartlett has lobbied the secretary of the Army to investigate whether the Army mistreated 20-year-old…

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…

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…

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…

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…