Sunday, April 3, 2011

MAJ. NIDAL HASAN: Evaluating MENTAL COMPETENCE ... OF WHO? ... Maj. Hasan?, the Defense?, Prosecution?, or the US Gvmnt? (Veteran's Spotlight PT.8)

This posting of Veteran's Spotlight PT. 8 is to take a look at the trial/ hearing's in the case of Maj Nidal Hasan , who stand's accused for the 13 dead and 32 wounded, during a shooting at Fort Hood, Tx Army Base back in 2009, and to serve some honour to those who died that day. Some news clip link's highlighted below, then a few word's from the ole Chimp on this issue.



DALLAS NEWS.COM: (Oct 13, 2010) Court hears victim's testimony, 911 recording at probable cause hearing for accused Fort Hood shooter Nidal Hasan




Frankly I have been trying to follow every bit of info I can on this case since it appeared, but because of so much going on in so little time concerning major news event's, this is another that has been sidestepped way too much, and I just wanted to post on this, it is domestic here in our own backyard, it concern's US citizen's and military/ veteran's and the functionality of our legal system, which is importante in our country.

Maj. Hasan is certainly entitled to a fair trial, somewhere, somehow, and it is importante because this one case can make historic precedent for any following similar future cases, and this is a relatively new issue and more complex legally to deal with than just a domestic slaying of civilian's on civilian's let's say. But this has been a total runaround since day one as far as making progress is concerned. A recent question was the mental competence of the Major to stand trial to begin with ... but I would also propose for a competence evaluation of the Prosecution, the Defense, as well as the US Gvmnt in this, heh, heh, heh, heh, heh :) ... this has been just one delay and postponement after another, just for getting into the preliminary legal stage's of this case. The Gvmnt refuses to also release investigative report's/ file's they have been gathering as well ... I mean ... are their file's exempt from the legal system? Usually the defense is hammering in a case like this for delay/ postponement's ... but the prosecution just as much? ... with also the gvmnt not just witholding evidence here, but also delaying it further? I understand the critical legal aspect's of a case like this, but frankly a year and a half on this case by all parties should be adequate time to at least enter the preliminary stage's ... he is either competent to stand or not, these evaluation's have been ongoing for month's as well, what is the diagnosis? What have the month's of extensive evaluating produced as far as what can be used for this trial? The gvmnt info is sensitive? ... the nature of the act/ offense is sensitive to alot of folk's as well.

This offense was acted out on those who defend our nation, our military families in their home base compound, and the accused is an American US Army Medical Corps "Psychiatrist" ... and it is taking ya'll month's to even get a basic psychological evaluation? Do ya'll not have enough record's as far as his performance on the job as well as successes in treating other's? Perhap's ya'll are the one's that may need a psychological evaluation ... and to even see if ya'll are competent to keep ya'll job's.

Enough said ....



Beach Bum said...

I retired from the National Guard in 2005 ending a 21 year military career, What marked the last three years of my service was how desperate the military was to keep everyone they could. Pretty much if you could breathe and could walk they had every intention of keeping you.

Maj. Hasan is a slimy bastard that needs to rot in Hell but I heard disturbing news a few times that his superiors knew the man was "unstable." If that was the case his chain of command needs to be looked into, but like other power structures the higher-ups will cover each other's ass.

Ranch Chimp said...

Ahhh Yes Bum ... Thank You for bringing up the chain of command thing ... When writing this, I wrote it without talk of evidence or whatever, because the trial isnt yet in motion, and I realize how difficult it will be go get an impartial jury, especially in the home state (Texas) of this. Many looking at current evidence will say this guy is guilty as Hitler. However ... I have read alot more than I posted here of course, but ... I want to be fair. The issue/ and concern I have is what exactly you posted ... the way it look's to me Bum ... is that Gvmnt agencies, such as the FBI, knew damn well it sound's, that this guy was a "ticking time bomb", his view's, contact's, with other's was clear as day, even recorded and confiscated physical evidence, before and after the incident ... and I know bloody well, this is what the issue and delay is, and all the beating around the bush BS, trying not to cross all the "T's" and dot all the "I's" ... but, to cover alot of their asses too' as far as what will come out in testimonies/ deposition's ... cause believe me ... someone is going to "talk" ... most wont, but their is a "rat" in every bunch. Yes ... I do think the Gvmnt and military think this guy was dangerous way before this offense went down, and sometime's law and Gvmnt actually wait for an offense to go down or as close to it as they can, just to get a solid case ... the thing is ... the "live's" of ordinary people and in this case military familia's it cost's ... sad ... but that is the kind of society that our leader's have evolved slowly into. In other word's ... what's a few live's, if it achieve's their goal?, sort of thing. Just my opinion Bum.

Glad to hear you were able to retire ... I have a niece in Afghanistan, one in Germany (both Army ... and I think the one in Germany will soon also be in Afghanistan, I hope the Hell not Libya ... BUT ... she volunteered, for a college education her single mom couldnt afford ... imagine that). I have a Marine Sgt nephew who done 3 tour's in Iraq, but is back in the state's now.

But Thank You much for your input ....

an average patriot said...

He doesn't deserve a fair trial. He is one of the rare instances I believe the death sentence should apply.

Screw that insanity BS! You are right, they should go after those that kept giving him a pass though they new he had radical tendencies.
That was because of the same reason when I was in that they were afraid to confront blacks in the early 70's.

Ranch Chimp said...

Greeting's AP!

"He doesnt deserve a fair trial"? ... Heh, heh, heh, heh, heh :) ... well I appreciate your honesty, and totally understand your view of this, believe me ... we entitle everyone to a fair trial, that is the way of our democracy, even though ... we grant this in our nation, sadly most trial's for average citizen's in this country are manipulated, according to who "can" afford the best counsel/ legal ... deal's are cut every single day illegally and perjury law's are broken in court's across the nation daily by the 10's of thousand's in our country believe it or not ... but that's another posting. But another issue here is perhap's as you pointed out (I think) as far as "political correctness" .. which is another issue, because "that" is not fair either, ... funny eh? No matter how "fair" we try to be, we alway's end up dishonest in some way toward's some group ... and that is what we lack ... it's called "balance". No ... I didnt know of the hesitation to confront Black's on issue's in the 70's military ... I know that you "do" have that today though, which is also unfair and unbalanced ... if you want truth instead of fashionable "talk".

I personally didnt want Hasan tried in Texas ... I feel if he got convicted especially in a civilian court/ manner/ Texas juror's, and recieved the death penalty, it would spread like a virus nationally that Texan's sentenced him to death because they are all backward's and hate his religion, basing it on "prejudice", because I would bet my paycheck that would happen, or the news would ignore it altogether, it's not hard to know the next move's of this majority mainstream of fashionable thinking in this country ... heh, heh, heh, heh, heh :) I never was opposed to the death penalty, especially in this, but only because of the victim's familia's, Texas does have a bad, bad, track record of sentencing to death innocent's, believe me ... ... so I also have no problem with the abolishment of it, or at least in this state, to suspend all execution's until DNA matches and further evidence can be presented that was not allowed at the initial trial's, I have reviewed myself too many questionable conviction's in this state ... but that's also another posting. Yes ... I agree that if this man is found guilty "legally" he should be executed as quickly as possible though. In my personal opinion ... a better form of justice is to hand over the accused to the familia's of the victim's, if they choose to kill the accused in any matter, let it be their choice of how and if, but that isnt how our country work's either.

Thank You for your visit and input AP ....

Weaseldog said...

I believe in the US Constitution and the Rule of Law, even though it seems I'm falling to the minority, and in danger of being branded by our government as a traitor for such proclamations.

And for that reason, I believe we have a duty to provide him a fair trial.

I feel confident that he will be convicted. I believe that according to what I know about the case, that the death penalty is warranted.

It also seems to me that there should be a full investigation into the chain of command. I can understand that reluctance to provide evidence, in order to protect careers is likely going to throw some monkey wrenches into this trial. I would hope that all of the ass covering does not lead to mistrial.

It is my opinion that a the military court should be looking into the possibility of negligent behavior in the chain of command and be willing to take appropriate action.

I believe that the evidence I have heard makes a damning statement about the culpability and responsibility of Hasan's commanding officers.

And I would make the same argument in regards to Corporal Manning.

Ranch Chimp said...

Like yourself WD I also support fair trial and the Constitution, no matter what the situation/ circumstance is, I feel it's obligatory of me to do so as a US citizen. As far as Cpl Manning .... that's just a shameful snowjob as well and one of the reason's I also was in full support of Assange too, as well as me not caring much about career's that are jeopardized or whatever ... it's sensitive? folk's think Assange was wrong? Not to me ... he is doing what the other's who got ratted on should have been doing who got exposed by his posting's ... and that's their "JOB" ... at least doing better at it. Folk's
like Manning and Assange are scapegoat's basically, but that's another posting too. As far as throwing wrenches into this ... you can bet right as we discuss this, gvmnt agencies involved with this case are already in the toolbox. I even believe that Hasan can get a fair trial in Texas actually ... but am hesitant about allowing it ... only because of the stereotypical view's on Texas, and the repercussion's and trial delay's, appeal hearing's, mistrial's, etc that could result ... beside's ... I am not sure about federal law on this or military ... but as far as state law's are concerned ... any death penalty conviction has to be appealed by law, even if the accused/ defendent refuses to go along with it ... if the defendent/ convicted "want's" to be executed and decline's to go along with it (yes, there are some cases like that) ... the defendent will have to go through all the preliminaries of the appeal's court's and waive right's and input on each proceedure. This can also be a very lengthy ordeal, especially in the case of Hasan ... and is exactly "why" I feel that we should have already been further into at least the preliminary stage's of this first trial. But that's just my opinion. Thank You for your input here Weaseldog ... and alway's good to hear from a fellow Dallasite (Irving)! :)

Ranch Chimp said...

I also would like to add here for all who read this, that I dont blame Hasan at all if he chooses to fight this tooth and claw, whether the decision is on his own choice or his counsel ... HOWEVER ... what's really great about these situation's is the "moment of truth" (at least for me). In other word's ... (assuming the overwhelming evidence that is seen so far, as far as his action's in this case are accurate, let's say) ... will he do as he stated to associate's prior to the incident ... and be proud to sit in Heaven with them drinking non-alcoholic wine (I didnt even know Heaven is into the non- alcoholic thing these dayz ... strange how they act so much like the living on earh, eh?) talking about and celebrating their victories against the infidel's back on planet Earth? and go all the way and accept the consequence's for his action's which is in this case "death", and remain a defiant warrior ... or buckle up like a yellow streaked pansey in the face of death and beg for forgiveness and mercy? Situation's like these alway's bring's out the true color's of folk's and whether or not their solid on their word/ devotion or just another frail one of little or no integrity.