Court Martial May Consider Death Penalty for Hasan

By Jim Garamone

American Forces Press Service

WASHINGTON, March 4, 2011 – An Army official has recommended that Maj. Nidal M. Hasan be tried before a general court martial authorized to consider capital punishment, Fort Hood, Texas, officials said today.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5, 2009 attack on troops readying to deploy to Afghanistan.

The commander of the post’s 21st Air Cavalry Brigade, Col. Morgan Lamb, has recommended the charges pending against Hasan be sent to a general court martial authorized to consider capital punishment. The colonel’s recommendation is non-binding. The convening authority – in this case, 3rd Corps commander Army Lt. Gen. Robert W. Cone – will make the final decision in the Hasan case.

Officials at the post released the information after Hasan’s defense counsel publicly released the recommendation.

Army lawyers are reviewing the charges and the Article 32 investigation in order to provide legal advice on the case to Cone.

Fort Hood officials said in a news release that under the Uniform Code of Military Justice, a general court-martial convening authority has several options upon receipt of charges from a subordinate commander, including but not limited to dismissing the charges, referring them to court martial or sending them to a different convening authority for possible action.