Page 75 - Hasan News Today

Think he has the right to ask for capital punishment. >> reporter: prosecutors will not be allowed to show the jury e-mails exchanged before the massacre between hasan and a cleric killed in a u.s. missile strike two years ago. prosecutors say it shows hasans motive. hasan says he believes if he dies by lethal injection he would be considered a martyr which leaves shooting survivors anxious for hasan to go away. >> i wont allow him to consume anymore energy from my life than hes already done. iv...

Casey. >> reporter: jon, how elaborate of a defense major hasan plans to amount is unclear but today the judge reminded him he is not allowed to make any statements at all if he chooses to testify. instead he has to ask himself questions and then he has to answer those questions. so, if he chooses to take the stand, that could be interesting/bizarre to see since it has to remain in that q&a format. now theres also a bit of confusion i got to tell you surrounding the witnesses major hasan has pla...

Big question everyone wants to know. do we expect hasan to take the stand and testify. i guess question himself while testifying. >> reporter: we dont fully know. i think every indication weve gotten from ft. hood officials and listening to whats been going on in the courtroom this morning i think everyone is definitely expecting nadal hasan to take the stand. the way this will work, he wont be allowed to get up there and give a speech as to why he committed this massacre. he has to leave a list...

-- analysts are saying he hasnt done much participating in the court-martial so far, why start tomorrow? he may be saving it for the sentencing phase which would happen after the jury deliberates and they come down with a guilty verdict. the rope why court recess -- the reason why court recessed early is prosecution wested right before lunch and then one of the witnesses was not scheduled to get here to fort hood until 6:30 tonight. so the judge recessed court, sent the panel members hold and to...

Story. they will say i was shooter but tell a fuller story. right, lets assume that is not going to happen. then he will take the stand of the well, the reason that has to be q&a, hears why. it gives the defense then an opportunity to object to the question. if he is just allowed to take the stand and ramble on and soliloquy after soliloquy they have no, prosecution doesnt have time to object. >> since the defendant who take as witness stand cant just engage in a narrative, right? >> right. >> t...

A cleric, who some people say inspired hasan to carry on the rampage. the judge allowed computer evidence, evidence that indicated that two hours before the sooth, hasan was looking at radical muslim websites and read the message, called to jihad. thats what is coming out of the court as of yesterday. today, the prosecution is very likely to rest its case. back to you guys. >> that is just so outrageous to think you cant bring up radical islam when thats actually what the defendant wants. he sai...

Would prove that hasan believed he had to murder soldiers with his jihad duty and he would present evidence that he related to this 2003 case of a muslim soldier who was convicted murder. >> they dont need is. >> to put what lis is saying in slightly different way, she is so right, the judge make as calculated decision as to something like that. here it will not be needed. he will be convicted regardless so why create an issue on appeal. that is exactly right the other thing the judge engages in...

Prove to be a painful side show, hasan, who is an army psychiatrist has not been told he cannot argue he killed american soldiers because in his view they were preparing to fight muslims in afghanistan and iraq. since hes acting out his own attorney hell ask a series of questions for his standby attorneys to ask him. >> a defendant i believe has the right to, we know he has the right to represent himself and he has the right to do it poorly, and i think he has the right to ask for capital punish...

Casey stiegel, thanks. >> reporter: it is. patti ann: for more on this right now lets bring back our legal panel, lis wiehl, fox news legal analyst and doug burns, former prosecutor and criminal defense attorney. and we want to mention a pretty big ruling that came down yesterday. the judge saying the prosecution can not present a lost evidence they were planning to present showing hasans motive was jihad terrorism. the judge, colonel osborne saying the evidence would cause unfair prejudice abov...

Heather: good morning to you. and right now prosecutors in the court-martial of the accused fort hood shooter, nidal hasan, are now trying to convince a judge to allow evidence of his alleged interest in jihad. that is something we talked about an awful lot here. hasan already telling jurors that he was a soldier who, quote, switched sides. prosecutors expected to rest their case sometime this week. hasan could face the death penalty if convicted of premeditated murder. lets talk about this with...