Hasan's attorney claims civil rights violation - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |

FT. HOOD

Hasan's attorney claims civil rights violation

Posted: Updated: Dec 21, 2009 11:19 PM CST

by Bruce Gietzen

FORT HOOD - The lead defense attorney for accused Fort Hood shooter Maj. Malik Nidal Hasan says he will file a motion complaining his client's civil rights are being violated.

Belton attorney John Galligan told News Channel 25 via phone the restrictions the military has put on his client while he's confined to his room at Brooke Army Medical Center in San Antonio are illegal.

Hasan is restricted to speaking English only, and the only visitors he can have are his immediate family, and his legal counsel.  "But his attorneys and his family can't be in the room with him at the same time," Galligan complained. 

Galligan was upset that his client was praying on the phone with his brother
Friday in Arabic when he said the military interrupted the call.

"I'm going to file a motion when I get back to town saying that's a violation of his civil rights, " Galligan by phone from San Diego.  "I've never seen this from the military."

The attorney was also frustrated about the response he's gotten from military officials and prosecutors -- or lack of response.

"I've not gotten one return phone call from Nidal Hasan's Commander on Fort Hood, Captain Jacob Huber, and I've tried to call him a number of times.  If you can get him to call me, you're a far better man than me, and you can quote me on that, " Galligan added.

When asked if there were different rules and fewer rights for defendants in military trials compared to civil court proceedings, Galligan answered "Yes, but in some ways a defendant has more rights, but I don't have a judge to go to complain right now."

Hasan's Article 32 hearing, which is the military's version of a grand jury or probably cause hearing, is expected to some time in the first quarter of 2010.

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