A request to represent himself in his court martial was granted to Ft. Hood shooter Maj. Nidal Malik Hasan by a military judge on Monday, according to the Los Angeles Times.
Col. Tara Osborn, the military judge, found that Hasan was competent to waive his right to counsel after a doctor testified that the defendant was physically capable to withstand the rigors of what most expect to be a very lengthy trial.
Hasan is being charged with killing 13 people and wounding 32 more during the 2009 shooting. This will be the third change of attorney for Hasan. At first he had a civilian attorney that he dismissed. In the two years since then he was represented by military lawyers, now he will be representing himself, reports the Los Angeles Times.
While a Supreme Court ruling from 1975 guarantees the rights for a defendant to represent himself in criminal court the rules are slightly different for a military court-martial. The defendant often needs to prove he is capable of defending himself, according to the BBC.
Maj. Prasad Lakshminarasimhiah, the doctor who gave Hasan the examination, testified that Hasan has the ability to sit upright for up to 12 hours a day and can write with his right hand as well as testifying that none of the prescription medication Hasan has been given should effect his mental capabilities, reports the Los Angeles Times. Since he was paralyzed during the shooting it was unclear whether Hasan would be declared physically fit to represent himself, according to Fox News.
Osborn spent the majority of the hearing trying to convince Hasan that he would be better off if he were to allow a professional to defend him.
"You would be better off with a trained lawyer who would know the rules of court-martial, the rules of evidence, the rules of law," Osborn said.
"You've made that quite clear," Hasan responded, according to the Associated Press.
While Hasan has been granted the right to defend himself he will still be accompanied by three attorneys, two sitting alongside him in case he has questions with an additional attorney elsewhere in the courtroom, reports Fox News.
