November 19, 2010
U.S. Army Maj. Nidal Hasan should face a capital-murder court-martial for last year's slaughter at Fort Hood, the officer presiding over his pretrial hearing has recommended.
Texas Tech University law professor Richard Rosen noted that it could be possible to draw a panel of officers from Fort Hood who weren't at the post at the time of the shootings. Qualified panel members could also be brought from other installations or other military branches.
Rosen, a former Army judge advocate and director of Texas Tech's Center for Military Law and Policy, said Galligan may win a change of venue because the judge overseeing the case will want to avoid possible grounds for the case to be overturned.
Eighty percent of the death sentences handed down in military courts since the 1980s have been overturned on appeal. No military death sentences have been carried out since 1961.