Day 2 wraps up in Hasan Ft. Hood trial

FORT HOOD, Texas (KXAN/AP) — In an unexpected ending to the day, court has recessed until 9 a.m. Thursday after Day 2 of the Maj. Nidal Hasan trial got off to an unexpected start.

After a 45-minute delay for a “travel issue,” Hasan’s standby council filed a motion to withdraw from the case.

Col. Kris Poppe said Monday’s day in court made it clear that Hasan is trying to secure a death sentence rather than avoid it.

“If he wants to avoid the death penalty, we are prepared to assist him today,” said Poppe to Judge Col. Tara Osborn. “That does not appear to be the case.”

In Hasan’s opening statement, he told the jury that evidence would clearly show he is the shooter and indicated he was motivated by religious reasons.

Hasan is representing himself in the capital murder trial but has a team of standby council lawyers that are there to assist him with procedural and legal issues that may come up during testimony.

“Col. Poppe has made an assertion that is inaccurate, and I’d like to clarify that,” said Hasan before the judge decided to discuss the issue in an “ex parte” hearing outside the presence of onlookers.

The motion filed by standby council asks to either be removed from the case or be given more control of Hasan’s defense, and the judge wants to take more time to listen to this motion.

Texas Tech law professor Richard Rosen says he has never seen anything like this in a courtroom, saying it is an awkward position.

Rosen also says the judge will likely try to keep this case going because no one wants to start over and have more delays.

Staff Sgt. Alonzo Lunsford had waited for the moment he would face the man who killed 13 of his colleagues in the 2009 massacre at Fort Hood. He’d prepared to confront Hasan, vowing to answer questions without fear in his heart.

A showdown, however, never happened.

When the time came to testify Tuesday, Lunsford recounted for jurors how he had played dead, hoping the Army psychiatrist wouldn’t shoot him. The retired soldier, who was hit seven times, showed jurors where on his body Hasan’s bullets had struck him.

But Hasan — the 42-year-old defendant who is acting as his own attorney — didn’t ask Lunsford a single question.

As prosecutors began to present a methodical, detailed case, Hasan raised few objections and asked almost no questions on cross-examination.

“The evidence will clearly show that I am the shooter,” Hasan said in an opening statement Tuesday that lasted little more than a minute. The evidence, he added, would “only show one side.”

Hasan, an American-born Muslim who was paralyzed after being shot by officers responding to the attack, said he was as a soldier who switched sides in what he described as a war between America and his Islamic faith. He then fell silent for most of the day.

Among the witnesses he did not question Tuesday was Lunsford, one of more than 30 people wounded in the deadliest attack on a U.S. military installation.

Prosecutors asked Lunsford to show the 13 jurors where Hasan had shot him. The tall, imposing retired soldier, who told The Associated Press in a recent interview that he still has nightmares about the attack, slowly got to his feet and pointed to each spot on his body where Hasan’s bullets hit him.

Lunsford talked about playing dead, hoping that Hasan wouldn’t attack him again, before deciding to flee when he realized he was perspiring.

“When I’m laying there, I do a self-assessment on myself, because I realize that dead men don’t sweat,” Lunsford said.

Hasan, who wore green Army fatigues and a gray, bushy beard, looked forward impassively throughout the testimony.

When Lunsford was excused from the stand, the two men did not appear to acknowledge each other as Lunsford walked past him and out of the courtroom.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder, and faces the death penalty if convicted. He has wanted to plead guilty to murder and attempted murder, but military rules forbid guilty pleas in death penalty cases.

Hasan had wanted to argue that he carried out the shooting in “defense of others,” namely members of the Taliban fighting in Afghanistan, but the judge denied that strategy. His defense strategy still remains unclear.

During Tuesday’s testimony, he occasionally took notes on a legal pad. While two defense attorneys remain on stand-by, Hasan rarely turned to them for advice.

No American soldier has been executed since 1961, and military prosecutors showed that they would take no chance of fumbling details that could jeopardize any conviction down the line.

They described a calculating Hasan, armed with two handguns and carrying paper towels in his pants pockets to conceal the sounds of rattling ammunition as he walked through a deployment-readiness center on the sprawling base.

Employees at a local weapons store described how Hasan bought the pistol he used in the shooting — and took cellphone video of