Judge Delays Fort Hood Shooting Rampage Trial: Why Does Corey Clagett Still Rot In Leavenworth Prison?


Military.com

by Angela K. Brown

Commentary by Jim Campbell

This has to be a complete joke.  The officer giving the unlawful order is free;  Pfc Corey Clagett remains in solitary confinement  at Leavenworth Military Disciplinary Barracks.  Private Clagett was given an illegal direct order to shoot an Iraqi male in the battle know as operation Iron Triangle. 

It seems there is a different justice system when it comes to the enlisted personnel and and those that wear the gold.  Why was Corey not afforded the services of a seasoned JAG officer? 

While Hasan gets the best the military has to offer while  receiving full pay and benefits, Clagett rots in solitary.

Free Corey Clagett

FORT HOOD, Texas — The Army psychiatrist accused of killing 13 people during the Fort Hood shooting rampage will go on trial in June, a military judge ruled Thursday after agreeing to a three-month delay.

We can only hope this Muslim receives the justice he has so well earned.

Attorneys for Maj. Nidal Hasan argued during a hearing at the Army post in Texas that they still lacked key evidence needed to prepare for the March trial. Prosecutors insisted defense lawyers didn’t need more time, saying one defense expert was hired nearly two years ago and that he alone has already racked up about $250,000 in fees billed to the government.

SOP for those murdered my the Muslim Nadal Hisan

The defense had asked for a July trial, but the judge settled for June 12. The trial is expected to last about two months.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder for the November 2009 attack at the sprawling Army post, which is about 130 miles southwest of Dallas. If convicted, he faces the death penalty. Hasan, who was arraigned in July, has not yet entered a plea.

Lt. Col. Kris Poppe, the lead defense attorney, said the defense team had received about 320,000 pages of documents from the government before December and another 60,000 pages in the past two months. Calling the volume of material “mind-boggling,” he said each page has to be reviewed to decide whether it’s relevant.

He also said their mitigation expert needed more time to gather extensive information on Hasan’s childhood, academic and professional life, religious background, medical and mental health history and other issues. Such experts present evidence to jurors in an attempt to spare a defendant from a death sentence.

“That’s why death-penalty cases take so long to go to trial,” Poppe told the judge, Col. Gregory Gross, during Thursday’s hearing.

But a military prosecutor, Lt. Col. Steve Henricks, noted that although a mitigation specialist is required in a death-penalty case, this expert was hired more than a year before Fort Hood’s commanding general decided that Hasan would face the death penalty. Henricks also said many documents recently given to the defense have already been in the defense team’s hands in other formats, and that Hasan’s attorneys have crime scene data and other evidence, despite their claims to the contrary.

Before setting the new trial date, Gross questioned whether the mitigation expert had done enough since he was hired and said this case must become his top priority.

Gross also granted the defense team’s earlier request for a jury consultant, but he denied a request for another expert to analyze the extensive pre-trial publicity and determine how that might influence potential jurors. The military jury will be brought from Fort Sill, Okla.

The judge didn’t rule on a defense motion to force prosecutors to provide notes from meetings and conversations with President Barack Obama, the defense secretary and other high-ranking government officials after the Nov. 5, 2009, shootings. Defense attorneys said they want to determine if anything was discussed that may have unlawfully influenced Hasan’s chain of command to prosecute him.

Prosecutors have insisted that no Army officers involved in the case have been influenced by higher ranking officials.

The 41-year-old Hasan remains jailed. He is paralyzed from the waist down, the result of being shot by police to end the rampage.

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7 responses to “Judge Delays Fort Hood Shooting Rampage Trial: Why Does Corey Clagett Still Rot In Leavenworth Prison?

  1. I am having a very hard time even understanding this! This makes NO sense at all!

  2. Holder tried to get him in court in NY but couldn’t to much hell was raised he should be sent to gitmo if he hasn’t and tried by a military tribunal and then hung

  3. Ralph. it has always been that way!
    It was an act of war since it was committed on since it was on a U.S.Military base. However, even if it war on a city, it is STILL an act of war.

    Personally? I don’t know know the proper legal term for this concerning Holder since he is “supposedly” top cop — he is NOT following proper judicial procedure.

  4. It is always that way the peons more or less get hung out to dry but an officer can be jailed or confined to barracks til trial if there is one. There was a Lt in Viet Nam that wiped out a entire village he was discharged and relocated to a undisclosed state, but unfortunately I just happened to live in the same city he came to, they didn’t change his name either. So I suspect that Hassan probably will get off scott free with a smack on the hand if holder has anything to do with it.

  5. CRIMINAL OFFENSES
    (720 ILCS 5/) Criminal Code of 1961.
    (720 ILCS 5/29D-30)
    Sec. 29D-30. (Renumbered).
    (Source: Renumbered by P.A. 96-710, eff. 1-1-10.)

    (720 ILCS 5/29D-35)
    Sec. 29D-35. Hindering prosecution of terrorism.
    (a) A person commits the offense of hindering prosecution of terrorism when he or she renders criminal assistance to a person who has committed terrorism as defined in Section 29D-14.9 or caused a catastrophe as defined in Section 29D-15.1 of this Code when he or she knows that the person to whom he or she rendered criminal assistance engaged in an act of terrorism or caused a catastrophe.
    (b) Hindering prosecution of terrorism is a Class X felony, the sentence for which shall be a term of 20 years to natural life imprisonment if no death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance and a mandatory term of natural life imprisonment if death was caused by the act of terrorism committed by the person to whom the defendant rendered criminal assistance.
    (Source: P.A. 96-710, eff. 1-1-10.)

    (720 ILCS 5/29D-35.1)
    Sec. 29D-35.1. Boarding or attempting to board an aircraft with weapon.
    (a) It is unlawful for any person to board or attempt to board any commercial or charter aircraft, knowingly having in his or her possession any firearm, explosive of any type, or other lethal or dangerous weapon.
    (b) This Section does not apply to any person authorized by either the federal government or any state government to carry firearms, but the person so exempted from the provisions of this Section shall notify the commander of any aircraft he or she is about to board that he or she does possess a firearm and show identification satisfactory to the aircraft commander that he or she is authorized to carry that firearm.
    continue reading::
    http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+32&ActID=1876&ChapterID=53&SeqStart=74000000&SeqEnd=77100000

  6. He should be let free and the officer giving should be held accountable. He had to follow orders.

  7. Shirley Brinker

    Cory should be released. The man who gave the order should be in jail. And the trial should not be delayed for the Fort Hood Murder at all. But with this adiminstartion is power, what do you expect?

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