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FORT HOOD - SURVIVORS TESTIFY - (Major) NIDAL MALIK HASAN

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FORT HOOD, TEXAS - ARTICLE 32 HEARING
 
The closest civilian equivalent to the Article 32 hearing is a grand jury.
 
The presiding officer:  Col. James Pohl,
 
Prosecution: Col. Michael Mulligan, Lt. Col. Steve Hendricks

Defense team: John Galligan (Retired Army Col., a former military
judge now in private practice)

"Hasan's younger brother, a University of Maryland law school graduate
who lives in Ramallah in the occupied Palestinian territories, hired Galligan
and came to Texas after the attacks. Galligan made the brother part of the
defense team so he could make daily jail visits."
 
                                   PROBABLE CAUSE
 
Prosecutors expect to take at least 2 weeks to lay out probable cause
showing that (Major) Nidal Malik Hasan committed 13 counts of
premeditated murder and 32 counts of premeditated attempted murder.
 
                                  PROCEDURES
 
"After the Article 32 hearing, the investigating officer will write a report
recommending whether Hasan should face a general court-martial.

The convening authority in the case can accept or reject the written
findings. After receiving the recommendations, officials will announce
whether Hasan faces a death penalty trial."

"In a non-capital court-martial, Hasan could be tried before a panel of five
officers or request trial before a judge alone. In a death penalty case, he
must be tried before an officer panel."

 
Dwight Sullivan (Reserve Marine Col., 2005-2007 Chief Defense
Lawyer at Guantanomo)
"Prosecutors are likely to reserve evidence of motive for a trial or general
court-martial. Generally, what you usually see with an Article 32 [hearing]

is the government wants to put on a rather bare-bones case."
 
"Prosecutors will keep a tight focus on the events of Nov. 5. That is likely
to include testimony about how Hasan purchased weapons, practiced at
a local gun range and prepared for the attack. But little evidence may be
presented about why Hasan may have acted."
 
                                    INSANITY
 
At first Galligan hinted at a possible insanity defense. However, lately he
has fought the government efforts  to evaluate his clien'ts mental status.

Apparently Hasan is resistant to the insanity defense.

"Some experts say Hasan's medical training and his desire to be seen as
motivated by his faith could prompt him to resist being portrayed as mentally
unstable."

"New York-based defense psychologist, Xavier Amador, has been hired.
Amador's hiring came amid hints that Hasan was resistant to defense
efforts to develop evidence of possible mental issues."


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                                  ACCOUNTABILITY

"A review commissioned by Defense Secretary Robert Gates found
 missed warning signs and a lack of "appropriate judgment" in Hasan's
supervision as a medical student, intern and psychiatrist in training.

Though details were not released, a public summary cited discrepancies
between Hasan's performance and his personnel records. The review
recommended that his superior officers be held accountable."

      Hasan himself will be held accountable for his actions.

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(Major) Hasan -   Paralyzed below the middle of his chest after being shot in the attack,
                          he sat quietly in a wheelchair for the first two days of the hearing, mostly
                          avoiding making eye contact with victims or their relatives. He wore his                            Army uniform and a cap.
 
 
VIDEO Austin News
 

                                     TESTIMONY
 
SGT. ALONZO M. LUNSFORD JR. 20 year Army veteran (worked at the
                                                                    Soldier Readiness Center )
 
"I met Major Hasan several weeks before the attack, and recognized
him as the gunman. At the earlier meeting, I clearly remembered having
an argument with Major Hasan about transferring a patient from a Fort Hood
hospital intensive-care unit to its psychiatric ward. "He (Hasan) said he wouldn’t
accept a patient. Well it wasn’t an option. Because we had orders."
 
Shortly before the shootings, we had another encounter when a co-worker
called me over because Major Hasan was arguing that he did not need an
immunization shot, although he did not have documentation of a prior injection.
"Hasan appeared to acquiesce, after I explained that the immunizations were
required for anyone without documented shot records."

 "I saw Major Hasan a third time at the center, just after 1 p.m. on the day of the
shootings, sitting among soldiers waiting for medical examinations. Suddenly, Hasan "walked up to a civilian female, said something to her, she gets up and
leaves."
"He watches her leave."

"Moments later Hasan began to cry out  "Allahu Akbar" "God is Great in Arabic.
pulled a gun out from "under his top and starts firing."

"I  looked at him and wondered why he said, "Allahu akbar."
 
"He pulled out a weapon out from under his top and started discharging."

 
"His first targets were members of the unit Hasan was scheduled to deploy with
to Afghanistan. I saw a physicians assistant lift a chair over his head to try and
stop Hasan and the Major turned, fired and brought the man down."
 
"I was in a crouched position, then prone, searching for a way out, then decided to
make a run for the exit."

When I got up Major Hasan and I made eye contact, he brings his weapon over
me -  "He looked at me, I looked at him.
 
"The laser comes across my line of sight. And I closed my eyes. And I get hit
 in the head,  I spin around. turned toward the door, took two steps and dropped
 and I hit the floor."
 
"The left side of my face was on the ground and I felt blood pooling around me,
 but I could still see Hasan with my right eye.  I did a "self assessment, realized I
could move my hands and feet, got up and ran out the doors."

The prosecutor asked Lunsford to describe the "rate of fire."

Sgt. Lunsford knocked on the table, pausing for less than a second between knocks,
making a sound like "pop pop pop pop pop pop pop.

The prosecutor asked Sgt. Lunsford if he got a good look at the shooter.

Sgt. Lunsford "very good".

The prosecutor asked Sgt. Lunsford if he could point out the gunman.
Sgt. Lunsford stood up and pointed to Major Hasan. �He�s sitting right here, sir,�

Hasan locked eyes several times with Sgt. Lunsford during his testimony.
Hasan did not look away, even as Lunsford stood, raised his arm pointed at him. 

Lt. Col Steve Henricks, a prosecutor asked Sergeant Lunsford to point out
his wounds, Sgt. Lunsford pointed to five places on his back, side and face
where he had been shot.

Sgt. Lunsford was asked about his reconstructive surgery and long term disability. 

Sgt. Lunsford
"That's not the focus, sir. The focus is to heal and to continue to serve."

Sgt. Lunsford is stationed at a wounded warrior unit, Fort Bragg., N.C.
He receives mental health counseling and medical treatement.


Sergeant Lunsford was shot five times. He has had reconstructive surgery
on his face, and has lost most of the sight in his left eye.

       LAYTOYA WILLIAMS (CIVILIAN EMPLOYEE)

"I was puzzled when an Army major I didn't know approached my work area and
told me that I was needed for an emergency in the office of the readiness center’s
commander. "

"I got up and began walking toward the commander’s office when I heard popping
that sounded like gunfire."


MICHELLE HARPER (CIVILIAN ARMY EMPLOYEE) LAB TECHNICIAN
 
"I just finished drawing blood from a soldier and was chatting with a friend
when the gunfire erupted."

 Others were soon crowded on top of her under the desk.

 "I saw what I believedd to be the gunman's boots as he slowly, deliberately
walked past on the other side of the desk."
 
"I could hear the pop of his gunfire, and I saw one solder drop. I realized from
the movements of his body that he had been hit three times."
 
After diving under the desk, I called 911. I kept the phone on as the shooting
continued.


                                         911 CALL

For six minutes, a tape recording of her 911 call was played
Sirens, chaotic sounds of gunfire, the moaning of a mortally wounded
soldier and terrified personnel.

Harper�s frantic crying and begging could be heard as a 911 operator tried to
calm her and find out what was happening.

Michelle Harper: "Help us! Help us please,� 

Michelle Harper: "My God, everybody is shot."
 "Oh my God, oh my God."

911 Operator: "Michelle, I need you to take a deep breath, O.K.?"

 Howls from bystanders could be heard in the background.

911 Operator: "Michelle, I need you to calm down, O.K.?"
                         Are you safe?"

Michelle Harper: "No, no!" 

Michelle Harper began weeping, Colonel Pohl asked prosecutors to stop the
tape and called for a break. After a few minutes, several more minutes of the
911 call were played.

"I later managed to run from the building and get to my car as Hasan kept stalking
personnel. Once I reached the parking lot, I saw Hasan outside and watched a gun
battle that broke out when a female civilian police officer approached him.
 
�I hear the gunfire battle between him and the officer. I got into my car and went into
reverse and drove through grass and a ditch."

                                        SPC. AMBER BARR

Spc. Amber Barr described how she and her buddies ran for their lives when
the shooting began.

"I saw there was blood. I smelled sulfur in the air and I realized it was not a drill.
It was absolute chaos. People just trying to shield themselves from the gunshots."

"I and others managed to get outside and I helped half-carry, half-drag a friend to
 a nearby pick-up truck which took us and others to the Fort Hood hospital.
 It was only then, when I tried to sit down, I realized I had been shot in the lower
back."
 
                                         SGT. MATTHEW COOK
 
"I was shot four times but was so charged up on adrenaline I didn't realize I
had been wounded.  I still carry bullet fragments in my body."


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                                   PFC GEORGE STRATTON

"I was at the processing center that November day getting ready to deploy
to Afghanistan. It was to be my third deployment.
 
"All of a sudden my ears started ringing, and I heard loud gunfire right in my ears.
Round after round – pop! pop! pop! pop! pop! just like that."
 
"I dropped to the ground, and saw a fellow soldier lying on the ground near me,
covered in blood. I stood up.
 
"As soon as I turned I saw Maj. Hasan behind me. He was holding an older-fashioned
pistol. As soon as I looked at him, he brought his magazine up and loaded it. He looked
straight down at me, we made eye contact, and he brought his weapon down toward me.
 I turned on him, and the weapon fired. It hit me in the left shoulder, my arm went limp." 
"I couldn't feel it at all."
 
"I then hit the ground, and crawled as fast as he could to the door."

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Some witnesses testified that Michael Grant Cahill, a civilian physician
assistant, and Capt. John Gaffaney, a psychiatric nurse preparing to
deploy to Iraq, each were fatally shot after picking up chairs to try to
stop Hasan.

29 witnesses have given similar accounts, stating Hasan fired into a
crowded waiting area and then walked around the building, shooting
people, pausing only to reload.
 
CHIEF WARRANT OFFICER II CHRISTOPHER ROYAL
Testifying by telephone from Georgia.
 
"I ran out of the center after I heard gunshots and saw the shooter, but then
decided to go back and try to stop the rampage, because "I told myself I
could not let him get away with it."

"I went to one corner and looked for a way to pounce on the gunman.
I saw Sgt. Alonzo Lunsford run of the same door I escaped from, and
during that time the shooter opened the door before Sergeant Lunsford
got to the parking lot and he shot Sergeant Lunsford, and he fell face
down into the grass." 

"I ran to a nearby building (a crowded theater hosting a graduation ceremony)
to warn others to stay inside. "I ran to try to get there before he got there."

Royal was able to tell soldiers at the theater to lock up the building.
 
 I'm going to the building, he comes adjacent to the other side and sees me
again, and he starts firing at me. I ran to a sport utility vehicle and took cover.
Hasan bore down, squeezing off rounds. I felt something jump me in the back,
but I wasn't sure what it was. Then I realized I'd been shot in the back."

SGT. LAMAR NIXON
 
"I  fled into the women's bathroom when the shooting began and he could hear
"screams and gargling" coming from the other side of the door. "I thought,
 'I'm going to die."
 
"After I escaped and ran into a nearby building, I and another soldier "bolted
back out" and helped several wounded soldiers make it to safety."
 
 "I recognized Hasan as the gunman. I worked at the readiness center.
 Hasan had been there two or three times, including the morning of Nov. 5.
Hasan had been at the center earlier to get vaccines because he was to be
deployed the following month, "I said, 'How are you doing, sir?' He did not
respond
 
"I remembered Hasan because of "his stature and just how he composed
himself — stoic." The next timeI saw Hasan, it was after lunch when he
stood from behind a front counter and began shooting after yelling "Allahu
Akbar!" — "God is great!" in Arabic."
 
SPC. MEGAN MARTIN 467th Medical Detachment, the combat stress unit
testifying via a video link from Kandahar, Afghanistan
 
"I honestly didn't think it was real. They told us to prepare for anything at Fort Hood."
 
"A captain from my unit charged the gunman with a folding chair. "But he wasn't
fast enough (fighting tears), and he was shot at close range."
 
"I focused on a man in fatigues and ripple-soled desert boots moving with a
laser-sighted handgun near an area called station  13.  The gunman sprayed
bullets at soldiers in a fanlike motion, before taking aim at individual soldiers.
 
When I saw a soldier near me was bleeding from the mouth, I hit the ground.
But my eyes stayed riveted on the man with the pistol."
 
"Sir, I couldn't look away. I laid absolutely still as I could because he was
shooting everything that moved. I couldn't stop watching. It was a nightmare
that reoccurs every day."
 
DEFENSE:  
Hasan's lead attorney John Galligan asked Martin
if the tragedy could have prevented her from deploying to a combat zone?
"if she sought discharge or reassignment because of repeated nightmares
about the carnage?"

Spc. Megan Martin
  "I wanted to carry on the mission as my fallen soldiers would have wanted me to.

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STAFF SGT. ALVIN BERNARD HOWARD (Retired)
 
"I was playing solitaire on a computer when I heard yelling and gunshots
I thought were part of a training exercise. I realized it wasn't when a bullet casing
landed on my laptop, and then turned around. We looked eye to eye and he just
shot me."

Howard stood up and pointing, identified Hasan. "I will never forget his face."
 
SPC. JAMES ARMSTRONG  (Shot twice)

"I was in a large seating area when I heard shooting and turned around to see
 soldiers being shot and a chair thrown amid rapid gunfire before the shooter
reloaded.
 
The scene was "the worst horror movie," with wounded soldiers leaving bloody
handprints on walls as they tried to get up and blood pooled on the floor where
they lay dead."
 
 
SPC. LOGAN BURNETT reserve combat stress unit

"I saw Capt. John Gaffane try to attack Hasan with a chair."
"I saw that captain fall. Even so, I decided to try to rush the gunman when I
 saw a magazine drop from his pistol. "I stood up and grabbed a folding table.
"I turned to throw it toward the shooter. At that point I was struck in the hip
and fell down."
 
"I was shot twice more, in the elbow and hand, as I tried to crawl for safety
into a cubicle. I glanced backward when I finally fled the building. "There was
no station 13 at that point. There was nothing but chairs scattered everywhere,
bodies scattered everywhere, blood everywhere."
 

 STAFF SGT. JOY CLARK 467th Medical Detachment - combat medic and
occupational therapist
 
"I was sitting between a veteran psychiatric nurse, Lt. Col. Juanita Warman, and
 Capt. Russell Seager, when the gunfire erupted, Warman pulled me down to the
ground, and we lay facing each other on the floor of the center.
 
"Then I heard her cry. I reached over her side to see if I could feel the wound.
And my hand came back bloody. I  heard more shots, saw Seager had stopped
moving, felt for the officers' pulses. There were none. I saw a soldier fall in front
of me "convulsing and coughing up blood," and reached to pull him toward me.
That is when she felt a sting in my left forearm, "and I lost my hold on his jacket."

The gunfire shattered her bone.


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Some reservists testified that Hasan shot soldiers at random.
Others testified they saw him target his victims. "None testified
that they had seen him before that morning or recognized him
as a major with medical tags."
 
 
CAPT. MELISSA KALE  467th Medical Detachment
Testifying via live feed from Afghanistan
 
(Crying) Sgt. Amy Krueger, had been shot Nov. 5 after a gunman began
spraying bullets in the Army post's Soldier Readiness Processing Center.

"I wanted to get to the east wall. I tried to pull (her) with me. I was unable
to pull her. She didn't move, so I had to leave her there."
 
MAJOR ERIC TORINA

"I saw Maj. Libardo Caraveo killed while sitting in the waiting area of the
processing center.  "I saw Maj. Caraveo was sitting like he was before,
with his legs crossed and his head down, almost like he was sleeping.
But I noticed a bullet hole in his head that was dripping blood."
 
 
SPC. JOHN PAGEL Mental Health Specialist
"At first, I thought I had been hit with a paintball."


SGT. RODGER WINSTON
 Winston guided fellow soldiers out the door to escape.

SPC. GRANT MOXON
"I was shot in the leg when I saw my (467th) squad leader go down.
I lay across Staff Sgt. Shawn Manning to protect him from getting hit
again. He was bleeding pretty badly. I kind of tried to help him."

Staff Sgt. Manning survived.

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SPC. LANCE AVILES

"There was a loud shout, 'Allahu akbar,' and then gunshots.
 
"I initially thought the shooting was a training exercise."

Aviles testified to a sense of shocked realization that the attack was real.

"I saw friends and fellow soldiers lying on the floor in pools of blood. I saw a soldier
lying on the floor with part of his skull damaged (the GI later died). One soon died
of a bullet wound to the head.  I saw Hasan quickly reload a black handgun.
"I considered trying to tackle Hasan after seeing the left side of my battle buddy's
head blown open. I thought I might be able to charge as the shooter reloaded.
But the gunman switched magazines too quickly. I looked up where  the shooter
was and I seen the magazine drop and so when the magazine dropped I got up.
I'm trying to take a left turn to go toward the shooter, and when I took that left turn,
he had already reloaded."

"I jumped under a table and called my sergeant on a cellphone. When I
described what was happening, the sergeant "told me I was playing. I said
some things I probably shouldn't say to an NCO so he could tell I was
serious."
 
Aviles  was able to run out the front door.

 

CROSS EXAMINATION


Lead defense attorney John Galligan asked Aviles "if he had made a video of the

shooting from his cell phone? And "if he had deleted the images at the instruction

of an officer and an NCO.


SPC. AVILES
"Yes, sir."
                                     THE CELL PHONE FOOTAGE

Spc. Lance Aviles said he used his cell phone to record the rampage inside
the processing center but was ordered by an officer to delete both videos
later the same day. Aviles was not asked if he knew why the officer ordered

the videos destroyed. Aviles did not offer details on the stand and neither

prosecutors nor defense attorneys asked further about it.

 

Col. Diane Battaglia (Executive Officer to Fort Hood's top Commander)
"The hearing officer would decide what to do next. "Since this matter was
raised during the Article 32," the statement said, "it is for the Article 32

hearing officer to decide to make further inquiry to the soldier's chain of

command for additional information."


STAFF SGT. PATRICK ZIEGLER also testified. He was nearer to the shooter.

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"Witnesses recounted a scene of carnage and chaos. They heard a shout in
 Arabic, saw an officer with medical tags stare, raise his weapon and fire. They
 heard nearly 100 rounds, smelled the sulfur and blood, and watched their close
colleagues slump over dead."

"Several soldiers listed flatly the wounds they bear from that day: post-traumatic
stress disorder, anger issues, uncertainty about whether they will ever regain all
of their physical and mental strength. Many described being stunned that a
soldier would turn on one of his own."
 
 
Pvt. Francheska Velez (21) is the only shooting victim known to have been
pregnant.

 
SPC. JONATHAN SIMS
"After the shooting, a pregnant woman was lying on the floor in a fetal position
"screaming 'my baby, my baby.'" I recall later seeing her flat on the floor, face down."

CAPTAIN DOROTHY CARSKADON (a bullet remains in her body - shot 4 times)
"There was a female soldier on the floor near me who was calling out during the attack
"my baby, my baby." "She just kept saying she was hit in the stomach and crying 'my
baby, my baby."

DEFENSE:
defense question

CAPTAIN CARSKADON
"It was impossible for me to know whether the woman was pregnant."
 

SGT. 1ST CLASS MIGUEL VALDIVIA
"It took me a while to realize that the shooting was not some kind of exercise
that was delaying me from getting my deployment approved. I was growing
impatient because I wanted to get on with the paperwork,"
 
"The gunman showed no emotion. He wasn't happy, he wasn't angry. It was some
kind of passive look."

STAFF SGT. ERIC JACKSON
"I heard multiple pops that I thought might be blanks. Then I saw a hand with a
weapon coming around the side of a partition where I and others were taking cover."
 
STAFF SGT. THUAN NGUYEN
"I heard noises and saw the colors of a laser pointer reflected on the floor.
"I hear shots, I hear people praying. People were just shivering, afraid."
 
PFC. JUSTIN JOHNSON (testifying via video link from Afghanistan)
"I had just begun a cell phone call to my mother."
"I remember crawling and running to get away from the gunman and hearing
 the sound of gunshots as I got outside building 42003.  I had been shot twice
in the back and once in the foot. Turning toward the noise, I saw a police officer
moving with a pistol drawn. “I heard, ‘Put the gun down now!’ And then they
started shooting,”

DEFENSE:  CROSS EXAMINATION
Galligan pointed out that the private had never told that detail to
 Army investigators. He also did not tell investigators that he noticed
the man who opened fire that day had a combat uniform with a major’s
insignia, or that the man’s handgun had red and green laser lights.
'Why didn't you offer those details to investigators immediately after the
 massacre?"


 PFC. JUSTIN JOHNSON

“I wasn’t thinking about it sir. “I don’t know sir. I wasn’t thinking about it.”
 

SPC. JOSEPH FOSTER (testifying via video feed from Kandahar,
 Afghanistan)

"I was texting a friend."
 
"The shooter spoke with a "strong, stern voice, like a drill instructor."
"I heard the man shout out "Allahu Akbar" -- Arabic for "God is great"
and then felt the shooter's attention turn to him. The weapon came in
my direction, the laser came across my eyes. I fell to the ground and
I felt sharp pain in my hip."

SGT. CHRISTOPHER SCOTT BURGESS (testifying via video from Iraq)
"I was sitting at a crowded waiting area on the day of the shooting when I
 heard someone “talking real loud in Arabic.”

“The man started shooting into the crowd. Everyone knelt down in front of our
chairs because we thought it was a training exercise.”
 

SPC. JONATHAN SIMS (shot three times in the chest & back)
Sims described taking bullets and pulling a table on top of himself and another
wounded soldier. "I hid under a table. I hear more gunfire. I hear pressure on
the table, like someone was standing on it. I believe it was the shooter. No one
else would have dared stand up in the line of fire."
 
ARMY MAJOR RANDY ROYER (shot twice, bullets breaking an arm and leg)
Royer walked to the witness stand with a metal cane, dropping it to the floor as
he raised his right arm to take the oath.
"I first thought it was training. I thought to myself, "This is crazy training going on."
It was almost a constant sound, constant shooting. "I could smell the gunpowder
in the air once the shooting began. "It was just a massacre. There was blood all over."
 .

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Three young US soldiers were shot dead while protecting civilian nurses hiding under a desk.

SHEMAKA HAIRSTON (NURSE)
"The three soldiers stood around the desk as I and several other civilian workers
 hid underneath. They were wearing scrubs, not Army combat uniforms like the
dozens of soldiers there that day."
 
TED COUKOULIS (CIVILIAN NURSE)

"I recognized Hasan because I'd had a 5- or 10-minute confrontation with the
 psychiatrist at the soldier readiness center the week before. Hasan had come
to medical building 42003 to get pre-deployment immunizations. And he had
argued at length about having to get a smallpox shot. Hasan "became very
uncooperative, and very confrontational. He told me that he didn't want to get
the smallpox shot, was the bottom line."


"The next week, I was working in the same station in building 42003 when I
heard shots ring out near the front entrance. Other civilian workers took cover
under two large connected desks close by me, and I hid behind an IV pole as
the shooter kept firing. At one point, I could hear the shooter calmly walking
through the building. I could hear distinct "clack-clacking" on the tile floors
everywhere the shooter went, because spent brass casings had gotten stuck
in his boot soles."

You could hear the 'clack, clack, clack,' as you could hear the 'bang, bang,
bang,' of the gunfire, the rampage lasted about 10 minutes."

 "It was very deliberate, slow, just like walking in the mall, firing into the building
After firing into a group of lab chairs, the shooter began walking toward my hiding
place. Again, clack, clack, clack, but no firing for a few seconds. During that pause,
I saw three young soldiers standing together near a refrigerator and watched as
 "all three of those kids just stood their ground."
 
Together, the soldiers could've moved and hidden behind the refrigerator. "I don't know
why they didn't, except they weren't afraid of him. All three of those kids looked directly
at the shooter. They didn't flinch… They were looking at death and they knew it."
 
"The shooter walked past the desk and instead shot the three soldiers.
 
PROSECUTOR "Are you sure the gunman saw the civilian staffers?

TED COUKOULIS "Yes"

The gunman then moved toward my hiding place, beneath a gurney. The gunman got
close enough to put his hand on the gurney. I then saw the man's gun less than foot
a way from my own face and then an arc of red laser light from the weapon's laser sight.
Inexplicably, the shooter only looked at me and then at terrified civilians under a nearby
 desk. "And then he just got up and left."
 
"When it was apparent that the shooter had left the building, I rushed to begin treating
the wounded. There was so much blood on the floor, and so many shell casings
submerged in it, that I kept slipping and falling. Soldiers were dying all around station 13.
I saw a lieutenant colonel bleeding out so fast that "it was like a soaker hose you would
have in your garden, the amount of blood coming out in a perfect line."
 
I had to use my sweat shirt to keep wiping my face because so much blood was spurting
as others gave another dying soldier cardiopulmonary resuscitation."

PROSECUTOR "Did you get a good look at the shooter?" 
.
Coukoulis stood. He pointed at Hasan. "He's right there."

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One witness  testified of a lieutenant colonel's dying words, that she wanted her
family to know how much she loved them.

Michael Grant Cahill (Civilian, a Physician Assistant) was shot and killed
after trying to hit  the gunman with a chair.

                                      911 CALL
 
 8-minute call is played -  gunshots, screams and and frantic pleas 
to send help for a "mass casualty" disaster. People yelling for IV's and
medics.

 
Oh, my God! There are a lot of people – 15, probably a lot more than that,"
 
Where is he? Where is he? Where's the guy? The shooter?" she screamed to
a 911 dispatcher. "He's a soldier. I don't know who he is. Oh, my God!"
 
"A minute or so later, Huseman shouts "the shooter appears to be using
a 9-millimeter weapon and has a visible medical ID on his combat uniform."

Shortly after that, "Shooter down, shooter down… I don't know, but I've got to
start taking care of these people."


KIMBERLY REGINA HUSEMAN (NURSE)
"Before I made that call, I heard a male voice screaming, though I couldn't
 make out what he was saying. Another person in my office said to "get
down." We shut the door and called 911."

SGT. 1ST CLASS INGAR CAMPBELL
"After running out of my office when the gunfire finally stopped, I saw a wounded
DeCrow and tried to revive him, but "he died in my arms."

SGT. 1ST CLASS MARIA GUERRA (BUILDING MANAGER)
"I recognised Hasan as the gunman because about a week before the shooting,
the major had been uncooperative while discussing vaccinations at the medical
center.
 
"The shooter reloaded three times before moving from the front area, "in one
motion, dropping a magazine and up came another one." After the rampage
ended, I locked the doors to make sure the gunman would not come back
inside. I saw the carnage amid the room darkened by thick smoke from the gunfire.
"All I saw was soldiers, just bodies all over the floor - bodies and blood.
No one was moving."
 
STAFF SGT. MICHAEL "CHAD" DAVIS
"I was shot in the back as I crawled from beneath a desk."

CROSS EXAMINATION
DEFENSE Attorney Lt. Col. Kris Poppe


STAFF SGT. MICHAEL "CHAD" DAVIS
"I didn't see the shooter, the bullet may have pierced the cubicle wall before
hitting me."

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MAJOR STEPHEN RICHTER (ARMY MEDICAL CORPS)
testifying via video link from South Korea
"I thought the rapid rate of gunfire meant there was more than one shooter.
 
I could feel the shooter stalking me as I saw the red laser from Nidal Hasan's
gun sight flickering in my eyes. Hasan was distracted by gunfire from the
civilian police and turned away from me.
 
I called out when I  saw Hasan's uniform and identification badge.
"I remember saying to the police officer – 'he is one of us,"

Still convinced there were other shooters after Hasan was down, I grabbed
Hasan's handgun off the ground and prepared to fire it. But the gun was
jammed, and as I tried to clear the it, I burned my fingers on the barrel,
which was still hot after hundreds of rounds had been fired.
 
When the shooting ceased after police brought down Nidal Hasan, it became
clear he had acted alone."

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    CIVILIAN OFFICERS KIMBERLY MUNLEY &  MARK TODD
 
 
                                   DASHCAM VIDEOS
 
PROSECUTORS played videotape recorded from the dashboard camera of Officer
Munley's patrol car.
 
The police video shows her speeding to the center, trailed by Officer Mark Todd in a
separate cruiser.

Images of soldiers rushing to the patrol cars and signaling to the officer shouting, “On
this side of the building!” as Munley jumps from her car.
 
Officer Todd's camera doesn't record the audio, but captures the same images of
soldiers.
 
 
 
OFFICER KIMBERLY MUNLEY
"I was washing my patrol car when I got a radio call saying shots had been fired
at the processing center. A soldier in the parking lot points me toward the gunman.
I ran toward the processing center. .

When she first saw the gunman walking with his gun extended, I couldn’t get a clear
shot at him because so many soldiers were running behind him. “I did not want any
 friendly fire.”
 
The gunman retreated behind a building, she testified, so I went to a corner and got
in a prone position to wait for a clear shot. Before long, the gunman came toward me,
shooting, so I fired back, aiming for the gunman’s “center mass” in a bid “to stop the
threat.”
 
"I took cover behind a building whose rainspout was peppered by Hasan's gunshots,
spraying me with shrapnel. Shards of metal from the gutter hit me in one hand. I
 could see the gunman round the corner and closing on me. 
 
“I quickly got up, got into a shooting stance,” she I fired back, aiming for "center mass,"
 I got hit in the thigh first, and I believe that started to take me down. My Beretta 9 mm
handgun had jammed just as the second bullet hit me in the knee and knocked
me to the ground.
 
“As I’m about to try to fix it, I’m on the ground. The shooter comes and kicks my
 weapon out of my hands."
 
I crawled toward my pistol. “I notice he’s struggling or having some sort of problem
with his weapon. He begins to walk in the other direction.”
 
He moved away from me and encountered Officer Todd, who ordered Hasan several
times to drop his gun."

Kimberly Munley had surgery for wounds in her hand, hip and included a femur
shattered into 120 pieces,
"I plan to return to full duty Nov. 1,"


DEFENSE: Galligan pressed Munley about her post-shooting statements to
investigators, her appearance on Oprah and NBC’s Today Show and her
appearance at the State of the Union address beside first lady Michelle Obama.

Galligan asked "if she could describe the expression she saw on the gunman’s face that
day?"

OFFICER KIMBERLY MUNLEY
“Solemn. No expression.”

“DEFENSE: Blank?” 

OFFICER MUNLEY
"Yes."

DEFENSE: Galligan reads a section from her statement last November to investigators.
At that time, he noted, the officer said her assailant, “Had no expression. He had a
determined look on his face.”

Asked if she saw the gunman fall?

OFFICER KIMBERLY MUNLEY
" I did not see him fall. Not from my shots, no,"

                                       OFFICER MARK TODD
 
"I arrived at the processing center parking lot shortly after Officer Munley.
As I ran up a small rise, following my partner, I could hear so much gunfire
echoing around the four buildings that it sounded like “thousands of rounds going off.”
 
"I too was directed to the gunman by soldiers."

 When I spotted the gunman, I shouted repeated commands to surrender, but the
gunman opened fire. The gunman retreated around a corner of the building, 
and I then heard more volleys that sounded like they were coming from different
weapons.
 
"I followed and soon saw the gunman standing by a telephone pole."

20 feet away from the downed and wounded Officer Munley, trying to crawl
for her weapon,  Officer Mark Todd confronts the gunman.

I challenged him — 'Halt! Military police! Drop your weapon
 
At that moment, I saw the gunman's red targeting laser fixed on me.

 The gunman got off several shots.

I returned fire five times from my Beretta M9 semiautomatic pistol.

"I seen him wince a couple times. He collapsed and slid down against
a telephone pole. "I ran up, rushed him. I kicked the weapon
away, flipped him over to handcuff him and placed him in hand irons."
 
I began emergency medical treatment. I started checking his vitals to try to
save his life.

Emergency rescue crews then took over, and I left the gunman to help
wounded soldiers. But fire, I recovered a semiautomatic pistol, a revolver
and several magazines loaded with rounds.

When I reached into Hasan’s pants pockets, I found he still had an arsenal,
loaded magazines for his Herstal semiautomatic and an unused revolver
along with a cellphone."
 
 The revolver apparently was not fired during the rampage.




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ARMY INVESTIGATOR DUANE MITCHELL

"Two of the magazines found in Hasan’s uniform pockets had extensions
 that allowed them to hold up to 30 rounds.
 
In Hasan’s gray Honda Civic, parked at the processing complex, investigators
found receipts from Lowe’s Hardware and Radio Shack for the two types of
batteries needed for the red and green Laser Max laser sights found on his pistol.
 
One of the laser sights found on Hasan’s 5.7 mm pistol had a green beam designed
for use in outdoor sunlight. The other had a red beam for darker, indoor shooting.
 
The receipts indicated that Hasan bought the batteries on Nov. 2 and 3, only days
before the massacre."
 
 
ARMY INVESTIGATOR KELLY JAMISON
Jamison mapped out places in the processing building where the dead were
later recovered.

Four soldiers died at area hospitals. Most of the nine others who died were found 
just inside the building’s entrance, near a row of 45 chairs where soldiers waited
to see medical providers for final medical deployment papers.

                                   PHOTOGRAPHS

A contract photographers was at the complex that afternoon to photograph a ceremony.
As the gunshots began he came outside and began taking photos.

A series of photos taken during the shooting - some depicting Hasan moving
about outside the building complex holding his gun.

Investigator Jamison identified the photos.

INVESTIGATOR JAMISON
At least 146 cartridge casings fired from the gunman's pistol were recovered
from the shooting scene. The weapon was mounted with two laser targeting
sights – green and red."
 
"Six empty magazines and 214 spent shell casings from Hasan’s Herstal 5.7 mm
semiautomatic pistol were found amid the blood and bodies inside the building."

Several soldiers testified that they saw lasers trained on themselves or other soldiers.

"The gunman carried 10 magazines loaded with rounds; some magazines were
extended models that hold 30 rounds. He had 177 rounds still available when
Todd's bullets brought him down."

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2010 - October 21 -  Prosecutors are expected to finish presenting evidence.

Col. James L. Pohl, the senior Army judge assigned to hear the case as
investigating officer, will then prepare a written report and recommendations
on whether Hasan should face a general court martial.

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2010 - October 21 -   PRE-MEDITATION


3 months before the massacre at Fort Hood, Nidal Hasan purchased a membership
at Stan's Outdoor Shooting Range. Hasan also took a concealed handgun course
and sought coaching on hitting human targets from 100 yards away.

                                   GUN PURCHASE

Fifteen days after Hasan reported to Fort Hood -

  FREDERICK BRANNON (Former Salesman at the Guns Galore in Killeen, Tx)
 "Nidal Hasan walked into the area's largest gun store, Guns Galore. He drew
attention by asking which handgun in the store was "the most high-tech."
The manager, after a little head scratching, came up with the FN 5.7 pistol."  
Hasan left that day, saying that he had to look up the weapon. The next day,
Aug. 1, 2009, he bought the gun, an expensive laser sight, several magazine
extenders and boxes of the armor-piercing ammo.  That, too, was odd because  
Hasan took out a cell phone and made a video of the manager's demonstration
of how to load the new pistol, remove its magazine and break it down for cleaning.
 
"I'd never seen any other customer make such a video. Hasan said that "he wanted
to review it later."

"Hasan was told that the SS192 cartridges were becoming less available and that
once the store exhausted its supply, Hasan would have to buy a less penetrating
version."

 "Hasan reappeared every week or two to buy more magazines, magazine extenders
and four or five boxes of ammo – usually the penetrating 55192 rounds and extra
magazines for the gun.
 
"When I asked Hasan why he was buying so many magazines, Hasan told him he
 didn't like spending time loading magazines at the shooting range and preferred to
have a large supply."
 
"Hasan bought a top-end green laser sight for daytime shooting."

                                      CELL PHONE VIDEO
 
The cellphone video is played in court. On it, the gun, a set of hands and
fluorescent-lit gun display cases are visible. The store manager is heard
talking about the weapon, along with another male voice. At one point,
Hasan's voice can be heard saying that "The only weapon I've ever broken
down was an M-16." "How do you clean it?"

SPC WILLIAM GILBERT
"I was browsing at the store and I was asked to tell Hasan about the
weapon, because I own a Herstal FN 5.7.   I "tried to kind of feel [Hasan]
out" about what he would do with a handgun. Hasan was vague, saying
 that he wanted something high-tech with the biggest magazine possible."    
"He did not know what he was looking for. He did not know about handguns."  

"Based on Hasan's requirements — he wanted something technologically
 advanced and with a large magazine capacity — I advised Hasan to buy
the FN 5-7, which uses magazines that can be extended to hold 30 rounds.
 It's extremely lightweight and very, very, very accurate. It's easy to fire and
has minimal recoil." 
 
"I own the same weapon and am a gun aficionado."

"I  explained that the FN had a 20-round magazine capable of being fitted
with extenders to hold 30 bullets. The gun was light and "very, very easy
to fire with one hand, like shooting a .22."   I explained that one of the
weapon's three types of ammunition, the 55192 round, had such penetrating
capabilities that authorities ordered it off the market after existing stocks were
sold. I  told Hasan that the round was thought to be able to penetrate Kevlar
armor and expand on hitting flesh, "basically liquefying anything ... in that area."  

 "I spent nearly an hour talking to Hasan."

                                       FIREARMS INSTRUCTOR

JOHN CHOATS (Firearms Instructor, Part Owner -Stan's Outdoor Shooting Range)
"Hasan took a handgun class on Oct. 10, 2009, then purchased a membership
at the range, practicing a couple of times per week.
 
"Hasan practiced repeatedly at the range last October. Hasan once sought help
in long-distance shooting at targets shaped like human silhouettes 100 yards
away.  After an afternoon of coaching Hasan's shooting progressed from erratic
to a tight pattern routinely hitting each target's chest and head
 
"Hasan improved his shooting of targets 100 yards away, consistently putting
 bullets in the chest and head of targets. Hasan got "pretty good."


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"Hasan's attorneys asked for a delay until Nov. 15 to call witnesses,
saying they needed to await the results of a psychological assessment
of Hasan. After a defense expert evaluates Hasan, a military sanity board
is expected to give its own assessment of Hasan's mental state."

2010 - October 21 -  Prosecution has rested.
The investigating officer has recessed the proceedings until November 15th, 2010,
at which time the defense will have an opportunity to present its case.

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2010 - November 10 - DEFENSE WILL NOT PRESENT EVIDENCE
 
John Galligan (Attorney for Nidal Hasan)
"I will not be presenting evidence when the military hearing resumes
Monday. I am still awaiting additional information from the government
about what the Army knew about Hasan before the shootings and what
contact Hasan had with Muslim radicals overseas.
 
"I've been asking for this for a year. I feel like I've been misled by the
government.
 
Without the information held by the government I cannot mount an effective
defense. The additional government information "is relevant, clearly relevant,
for us. Without that I'm effectively ambushed and limited to what I can do in
presenting a defense."

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2010 - November 16 - RECOMMENDATION SEALED
 
"Col. James Pohl made his recommendation in a report today. Fort Hood
officials say Pohl's report will go to another Army officer, though the final
decision rests with a commanding general."

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