The Mock Trial of Nidal Hassan

Gentle readers,

I wish to bring to your attention the farce playing out in the military court in Fort Hood. As I am sure you recall, 4 Novembers ago, in 2009, Nidal Hassan fatally shot 13 military personal and injured another 32. After years of political and tribunal procedures, the trial has begun. Allow me to paint a picture of the courtroom on Tuesday.

Hassan sits in a wheelchair in his military fatigues—the only one in the room wearing military uniform. Hassan is confined to a wheelchair because of the wounds he suffered from Sergeant Mark Todd's pistol. He is paralyzed from the waist down. Due to his body's difficulty in temperature regulation, he dons a small green knit cap in between proceedings. Hassan wears a full beard, after a year of controversy whether or not he could appear in court with the beard. Hassan claimed it was under his religious affilation to wear the beard. The previous Judge Gregory Gross was replaced after ordering Hassan to be forcibly shaved. He was replaced with the currently presiding Judge Tara A. Osborn.

via AP

Hassan had attempted twice earlier to plead guilty to the charges, but due to the rules of military court, a defendant cannot plead guilty to a crime in which the death penalty is a possible sentence. The charges must go to a trial by jury. 

The absurdity continues to grow—Hassan has elected to represent himself. With no legal background, Hassan has been given a legal defense team in order to assist him with the technicalities of legal procedure. Hassan assumed responsibility of interrogating jury members and cross-examining the witnesses. These witnesses include the very people that he himself shot.

“I will be cross-examined by the man who shot me,” said Sergeant Lunsford, 46, who retired from the Army and remains blind in his left eye. “You can imagine all the emotions that are going to be coming up.” via NYT

In his opening statement Hassan says, "The evidence will clearly show that I am the shooter."

What was the sound of the court room after those words were spoken? I can hear nothing but a tenuous and baffling silence.

 This man has been denied the ability to confess. He must now endure the charade of defense. His team of lawyers yesterday requested to be released claiming that Hassan was actively trying to receive the death penalty. Judge Osborn put the court to recess to speak to Hassan in private. Her recent ruling today allows Hassan to continue to act as his own attorney. 

Literature cannot compare to the strangeness of this trial. A crime of this magnitude is only possible in the modern age, due to the advance technology and wide scale distribution of repeating fire arms. The political and religious ties are complicated—a muslim american working for the Army, with correspondence with questionable Islamic leaders. This trial combines the American Psyche's fear of mass shootings with the xenophobia of Muslim America, played out in a fatalist kafkaesque court room drama. I will continue to follow this trial and share with you my thoughts.