Hasan tries to block testimony about shooting pregnant woman
Victim, 21, begged, “my baby, my baby!”
FORT HOOD – Prosecutors and Maj. Abu Nidal Malik Hasan, who is defending himself in a general court martial for capital murder and attempted capital murder of multiple victims, agreed on most items of evidence to be presented during examination of prospective jurors and opening statements – except one.
Private First Class Francheska Velez, a 21-year-old member of the 15th Combat Support Battalion from Chicago, pleaded that he spare her life because she was pregnant.
As the former Army psychiatrist took aim at her with a 5.7 x 27 mm FN Herstal semiautomatic pistol during a shooting rampage that left 13 persons dead and 32 wounded on Nov. 5, 2009, Velez screamed, “My baby, my baby!”
The major shot her anyway, ending her life and the life of her unborn child. She had reported to the Soldier Readiness Center that day to make ready for deployment overseas.
Velez is one of the few – or perhaps the only – American soldier ever to be cut down by a combatant while pregnant.
Hasan had entered a motion in limine to block prosecutors from mentioning that fact to prospective jurors during their questioning of fellow Army officers during voir dire proceedings and during their opening statements.
“The prejudice outweighs the probative value,” he told Col. Tara Osborn, the military judge who is detailed to hear his case.
After a long pause, she spoke firmly and with a high degree of resolution.
“I believe it is probative. It is part of the res gestae,” the judge replied. “The motion in limine is denied.”
Res gestae is a Latin legal phrase originated during the 17th century. It is defined as “The acts, circumstances, and statements that are incidental to the principal fact of a litigated matter and are admissible in evidence in view of their relevant association with that fact.”
Osborn ruled that prosecutors may not refer to the Mullah Anwar Awlaki as an addressee of e-mails Hasan sent on his laptop, though they may present evidence gleaned from the instrument.
The Mullah and he discussed the need for religious jihad in retaliation for acts of the American military in Iraq and Afghanistan.
Hasan offered no objection to the admissibility of the e-mails or of other evidence contained on his laptop.
He did object to the possibility that van drivers transporting the prospective jurors to the courthouse might discuss the case with them.
Osborn assured him that all drivers and other servants of the court will be admonished not to discuss the case with prospective jurors, and that if anyone attempts to do so, she will have previously instructed them to report that fact to her immediately.
She also asked Army prosecutors to look into the possibility of redacting redundant images of the bodies of the deceased victims in video they intend to present to prospective jurors and in their opening statements.
Hasan indicated he had no objection to the video images.
The court will reconvene Tuesday to review witness lists and other materials prior to the beginning of jury selection on July 9 and the case in chief of the trial on Aug. 6.
Jim Parks
Jim Parks is a former journeyman print reporter with experience on dailies from California to southern Florida, and throughout Texas.
Replies
THIS ANIMAL OUGHT NOT TO HAVE A TRIAL OF ANY KIND AS THERE IS ABSOLUTELY NO DOUBT OF HIS GUILT IN THESE HIDEOUS, SAVAGE AND UTTERLY BARBARIC EXECUTIONS. HE SHOULD NEVER HAVE BEEN ALLOWED TO DEFEND HIMSELF, EITHER SINCE THAT SEEMS TO LEND CREDIBILITY TO THE USE OF SHARIA LAW IN EVEN A U.S.. MILITARY TRIBUNAL AND THERE IS NO VALIDITY OR LEGAL PRECEDENT , LEGALLY OR MORALLY FOR THAT TO BE ALLOWED WHEN THE U.S. CONSTITUTION IF THE LEGITIMATE LAW OF THIS LAND AND THE JUSTICE STANDARD IN THE UNITED STATES OF AMERICA. FOR HIS GRATUITOUSLY EVIL EXECUTIONS OF THOSE INNOCENTS ON THAT POST THAT DAY. HE SHOULD HAVE BEEN EXTENDED NO RIGHTS AND EXECUTED FOR MURDER AND HIGH TREASON, IMMEDIATELY BY FIRING SQUAD; NOT PAID AND SUPPORTED AT TAXPAYER EXPENSE FOR, 3 YEARS!
This entire incident has been one big hoax.
"Workplace violence"...
This mad dog killer should not be tried as a criminal for a "work place event" but as the Islamo-Fascist-Terrorist which he truly is.
He should be tried as a war criminal and summarily executed PUBLICLY.
Twana, double dead, gas or electric, my choice a Firing Squad..
Hasan and all others like it as Savages choose to serve their bloody god of Death and destruction.The US Military and this President (as the weakest link in the Chain of Command) are hell bent upon the destruction of America. Islam may play the role of the ancient oppressors to chastise the unbelievers.
Trial....what trial? Is there any doubt as to his guilt! The creature was caught red handed and yet he still receives his full military pay, are you kidding me. Just because his fellow Muslim occupying the White House called it work place violence, doesn't make it so. In fact, it is a treasonous statement and the people should demand Barry's removal from office for the commission of numerous felonies and continued and repetitive violations of the oath of office!
As far as Hasan is concerned enough taxpayer dollar expenditure on this terrorist animal, this mass murderer. An oak tree and a noose is all that's necessary!
All of this just shows what a travesty this administration is. Why was our military members unarmed on a military base Unable to defend themselves? Why is an Islamo-Fascist-Terrorist still not convicted after all this time?
1000000% agree!!!!!!!!!!!
The Commanding General of Fort Hood missed a golden opportunity the day of Nidal Malik Hassan's murderous rampage!! In time of war if an enemy soldier dresses in the uniform of his adversary to conduct a military attack, he is subject to summary execution per the Geneva Convention!! German SS soldiers wearing American Army uniforms during the Battle of the Bulge were questioned and then shot on the spot!!!
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