Ft. Hood Shooter’s Trials and Tribulations: Attorney Files Another Complaint

Ft. Hood shooter Maj. Nidal Hasan is back in the news by way of his attorney retired Col. John Galligan’s latest claim the military is hampering Galligan’s ability to defend his client. On December 22, Galligan claimed the military had violated Hasan’s right to practice religion:

According to Galligan, Hasan, who has a private room at Brooke Army Medical Center in San Antonio, was on the phone with his brother while the two “prayed from the Koran”, when an Army guard “cut short” the phone call. The guard, who doesn’t speak Arabic, claimed Hasan was conversing in Arabic.

“Police at the hospital refused to let him pray, in Arabic, from the Quran with his brother,” Galligan said. “I think it’s illegal and a violation of his religious rights.”

Part of Galligan’s latest claim: Galligan was forced to cancel the three-hour drive to meet with Hasan due to the Army not allowing Galligan to meet with Hasan and a “relative” in Hasan’s room:

“I’m here stuck in Belton, unable to work on my client’s case, because of deliberate interference,” Galligan told The Associated Press from his office near Fort Hood, about 150 miles southwest of Fort Worth.

“I don’t think I need to explain why I need to meet with my client privately in his room with his relative to work on his case, instead of talking to his relative in the lobby.”

Galligan also claimed the military denied his request for copies of “some” investigator documents, denied a request for his own crime scene investigator and won’t let Galligan see government reports on the shootings until Hasan’s next hearing. The hearing, which will be similar to Grand Jury proceedings, has yet to be scheduled. In mid-January Hasan is set to be evaluated by military physicians to determine whether he’s fit to stand trial and to determine Hasan’s mental state at the time of the shootings.

On November 21, the military held a pre-trial detention hearing at Brooke Army Medical Center where Hasan was in ICU, purportedly paralyzed from the chest down. The hearing was closed to the general public and media.

On December 8, MySanAntonio.com published this interesting tidbit:

WASHINGTON — The suspect in the shootings at Fort Hood has been ordered to speak English and no longer can be visited by clergy in the intensive care room where he remains, according to new restrictions imposed by the U.S. Army.

Maj. Nidal Malik Hasan is under orders to speak in English with visitors who are accompanied by criminal investigators, said his lawyer, retired Col. John P. Galligan.

Also, his family can’t visit when his lawyer is present, and only two visitors are allowed at any one time, Galligan said.

The “no longer can be visited by clergy” in the ICU was interesting in that implies Hasan was visited by “clergy” beforehand, and, that there must have been some type of impetus for the military to restrict Hasan’s access to clergy. The “no visits from clergy” restriction was made one month after the media reported Hasan was awake and speaking to medical staff.

From FOXnews.com:

Fort Hood massacre suspect Major Nidal Malik Hasan is awake and speaking to medical staff at Brooke Army Medical Center in San Antonio, Fox News Radio reports.

A U.S. Army hospital spokesman confirms Hasan is conscious and able to talk.

Hospital spokeswoman Maria Gallegos says Hasan is in critical but stable condition.

Dewey Mitchell, a spokesman at Brooke Army Medical Center, about 150 miles southwest of Fort Hood, says Hasan has been awake and able to talk since he was taken off a ventilator Saturday.

The Military, Attorney-Client Privilege, and Clergy

In regards to Hasan speaking with “clergy”, Military Rule 503 states all communications with clergy are considered “privileged”:

Rule 503. Communications to Clergy. This privilege protects communications made as a formal act of religion or conscience. The privilege may be claimed by the penitent or in the absence of contrary evidence, by the clergyman or his/her assistant. United States v. Napoleon, 46 M.J. 279 (1997). For privilege to apply, the communication must:

be made either as a formal act of religion or as matter of conscience;
be made to a clergyman in his or her capacity as a spiritual advisor; and
be intended to be confidential.

United States v. Isham, 48 M.J. 603 (N.M.Ct. Crim. App. 1998). The accused made statements to his chaplain about his depression and his thoughts of suicide and of possibly hurting someone else. The Chaplain then warned the accused that any such information would need to be disclosed to the proper authorities. The accused agreed and continued to talk. At trial, the government called the chaplain to testify against the accused. The judge admitted the evidence over the defense objection. The Navy Court reversed. The court looked at the language of MRE 503(b)(2) and said that the communication is still privileged even if it is disclosed to “those to whom disclosure is in furtherance of the purpose of the communication” . . . In this case, the accused could anticipate that the chaplain would disclose to members of the chain of command and mental health people, and this would still keep the communication privileged. However, the accused never anticipated that the chaplain would testify about the communications in a court-martial.
-ucmjdefense.com

On December 16, Hasan was moved from ICU into a private room where more “rules” were established in regards to Hasan.

From ABCLocal.com:

Hasan has been ordered to remain in custody until his military trial.

Galligan said Hasan is only allowed to see his attorneys and relatives. Hasan’s phone conversations can be recorded, his relatives’ visits must be supervised, and all communication during visits must be in English or be delayed until a translator is brought in. Hasan also has been barred from watching or reading news reports, and his private room has no television, the attorney said.

In the latter part of December a guard, who doesn’t speak Arabic and wasn’t a translator, cut short Hasan’s phone conversation with his brother because Hasan was allegedly speaking Arabic. Hasan, whose primary language is English, was aware of the military’s restriction. Galligan, who wasn’t there, is relying on Hasan’s claim Hasan was “reading the Koran”.

Tags: Ft. Hood Shooter