An artist’s rendering of Maj. Nidal Hasan in court on Tuesday, June 1, 2010. Hasan is accused in the mass murder of 13 people in Fort Hood on Nov. 5, 2009. (Mark Batchelder/KXAN)
Updated: Tuesday, 01 Jun 2010, 5:25 PM CDT
Published : Tuesday, 01 Jun 2010, 9:14 AM CDT
KXAN (Austin) - A pre-trial hearing for the man accused of a mass murder in Fort Hood was delayed Tuesday until Oct. 4, giving his attorney more time to get what he says are missing documents - as well as better healthcare for his client, who is confined to a wheelchair.
Major Nadal Hasan, 39, faces the death penalty on 13 counts of premeditated murder and 32 counts of attempted premeditated murder in connection with the Nov. 5 rampage in Killeen .
The opening session of the pre-trial investigation, or Article 32 hearing, is similar to a grand jury hearing.
Hasan is confined to a wheelchair and paralyzed from the waist down. However, he looked alert and was clear and concise when he spoke to the investigating officer. Authorities planned to call all 32 surviving shooting victims to testify.
Army officials brought in extra security and canines to check the courthouse. They also put up a new fence around the building to ensure it's secure during the hearing which we're told should go on for sometime once it starts. It has been postponed until Oct. 4, after the investigating officer sided with Hasan's attorneys. The prosecution had asked that the court start taking testimony July 8.
Hasan's attorneys asked for a continuance, saying there are several essential documents missing and that they just received some of the documents from the government a few days ago. They want access to Hasan's career accountability review and the White House intelligence review into the shooting. The prosecution says they do not have either but claims they have handed over 50,000 pages.
Hasan will stay in Pretrial confinement, something the investigating officer wanted to make sure Hasan was okay with.
The attorneys both both sides have been told to call the investigating officer by July 5th decide if want a meeting July 19th to discuss the status of the paper work. The Article 34 hearing is now set to start October 4th. Hasan's attorney asked his security status allow him to see classified information but the investigating officer said that is something he will decide depending on their correspondence in July.
The hearing was originally scheduled for March but was rescheduled for today.
Hasan's attorney John Galligan also wants e-mails between Anwar Al-Awlaki, a man accused of terror attacks against the US.
Galligan is also requesting more time because of Hasan's medical condition and has told KXAN the Bell County Jail is not fit to adequately care for his client because he is confined to a wheelchair and paralyzed from the waist down. Galligan is also asking the court to take breaks because Hasan can not sit for long amounts of time, and that could compromise his ability to take part in the hearing.
Security is extremely tight, and officials are not letting cameras into the courtroom. Even though all the media has undergone background checks and passed through metal detectors, reporters are watching the proceedings on a TV in a media conference room - where they are not allowed cell phones or recording devices.
Authorities did allow a sketch artist in the courtroom, and this is the first public glance of Hasan since the shooting. He is confined to a wheelchair and paralyzed from the waist down. Hasan wheeled himself into the courtroom and wore his military fatigues.