von WASHINGTON, July 6, 2011 — Fort Hood Commander Army Lt. Gen. Donald M. Campbell Jr. will refer the capital murder case against Army Maj. Nidal M. Hasan to a general court-martial for trial, officials at Fort Hood, Texas, 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.
Campbell, who also commands 3rd Corps and serves as a general court-martial convening authority, made the decision after considering all matters submitted by the defense counsel as well as the recommendations of Hasan’s chain of command, the Article 32 investigating officer and his own legal advisor, Fort Hood officials said.
The court-martial in the Hasan case is authorized to consider death as an authorized punishment.
An Article 32 hearing under the Uniform Code of Military Justice is similar to a civilian grand jury hearing.
After a case is referred to trial by court-martial, a military judge receives the case and eventually sets a schedule.
Hasan’s arraignment likely is the first matter for a military judge to schedule. A military judge has yet to be named to the case.
At a military arraignment, the judge discusses the rights of the accused, including the right to counsel, and makes sure the accused understands his rights. A military judge usually calls on the accused through counsel to make motions for relief and enter pleas, which may be deferred to a later date.
The Fort Hood public affairs office will announce the arraignment date and location after the authorizes its publication.
Source:
U.S. Department of Defense
Office of the Assistant Secretary of Defense (Public Affairs)
