Attorneys discuss two post-trial matters in Article 39a for Maj. Hasan

FORT HOOD, TX, UNITED STATES

01.29.2015

Courtesy Story

Fort Cavazos Public Affairs Office

FORT HOOD, Texas – In the case of U.S. vs. Maj. Nidal M. Hasan, trial judge Col. Tara Osborn called an Article 39a post-trial hearing Jan. 29 to discuss two administrative matters.

The first was to inform Hasan of the status of the record of trial. The second concerned the a change in status for trial defense attorney Lt. Col. Kris Poppe.

Osborn put on the record that both the defense and prosecution had previously authenticated the record of trial. Osborn said that she will now review and certify the record of trial in final preparation for delivering it the General Court Martial Convening Authority Lt. Gen. Sean B. MacFarland, commanding general for III Corps and Fort Hood.

In the second matter, Osborn heard argument on the issue that Poppe had become a circuit court judge following his assignment as trial defense attorney at Fort Hood. Current rules of judicial ethics state that no judge can serve as an attorney while serving the bench. Osborn issued no ruling on this matter.

Both the defense and prosecution were ordered to prepare briefs due Feb. 6 outlining whether they felt there was actual or perceived conflicts of interest and whether the court is obligated to accept a waiver on this matter if such a waiver is allowable and was submitted.

• Date Taken: 01.29.2015
• Date Posted: 01.29.2015 17:47
• Story ID: 153075
• Location: FORT HOOD, TX, US