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Defense to present no evidence at Fort Hood trial, attorney says

From Charley Keyes, CNN
  • Attorney Galligan says he needs information from the government
  • "I've been asking for this for a year," he says
  • The hearing is to determine if a court-martial is to be held for Maj. Nidal Hasan

(CNN) -- The lawyer for the man accused in the Fort Hood massacre last November says he will not be presenting evidence when the military hearing resumes Monday.

John Galligan, who is representing Army Maj. Nidal Hasan, said Wednesday he is still awaiting additional information from the government about what the Army knew about Hasan before the shootings and what contact Hasan had with Muslim radicals overseas.

"I've been asking for this for a year," Galligan said in a telephone interview. "I feel like I've been misled by the government."

Galligan said that without the information held by the government, which also is sought by members of Congress, he cannot mount an effective defense. Delays in releasing the information have been blamed on security concerns and the need to protect classified information.

The Article 32 hearing, which will determine if there will be a court-martial, opened last month. The prosecution put more than 50 witnesses on the stand and presented in minute detail how 13 people were killed and 32 wounded in the shooting at a medical processing center at Fort Hood, the nation's largest military base, in central Texas.

The hearing was adjourned to allow personnel at the fort to mark the one year anniversary of the November 5 killings. It is set to resume Monday morning. This is one step along a path that could result in the death penalty for Hasan, who was left partially paralyzed when he was shot by police at the end of the rampage.

The additional government information "is relevant, clearly relevant, for us," Galligan said. "Without that I'm effectively ambushed and limited to what I can do in presenting a defense."