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Prosecutors Rest In Fort Hood Shooting Trial

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FORT HOOD, Texas (CBSDFW.COM/AP) — Military prosecutors rested their case Tuesday against the Army psychiatrist accused of killing 13 people during the 2009 shooting rampage at Fort Hood.  It is unclear if Maj. Nidal Hasan will present any defense when the trial resumes on Wednesday morning.

After calling nearly 90 witnesses in 11 days, prosecutors said they had finished presenting their case against Hasan. The soldier, who also is accused of wounding more than 30 people during the attack on the Texas military base, is acting as his own defense attorney but questioned only three of those witnesses and raised few objections.

Witnesses, including several soldiers who were shot during the rampage, described how a lone gunman wearing Army fatigues shouted “Allahu Akbar!” — Arabic for “God is great!” — before drawing a laser-sighted pistol and opening fire inside a medical building on the sprawling Army post. The building was crowded with unarmed soldiers, many preparing for deployments, getting vaccines and tests.

When asked to identify the gunman, witnesses pointed at Hasan, who was left paralyzed and wheelchair-bound after being shot by officers responding to the Nov. 5, 2009 shooting.

Testimony from medical examiners revealed that at leave five of the people killed had been shot while lying down. An FBI agent testified that Hasan’s apartment was nearly barren when searched the night of the shootings, with little more than a folding table and prayer mat.

Among the final prosecution witnesses, a civilian photographer who was on the Fort Hood Army Post for a graduation ceremony when he unexpectedly documented a massacre.  His photos taken before the shooting was over where shown to the panel that will decide Nidal Hasan’s fate.

Hasan questioned only three prosecution witnesses. He mumbled through a series of rambling questions of his former supervisor, retired Lt. Col. Ben Phillips, talking about “medical personnel initiating mercy killings” and a water supply in Iraq being contaminated with gas. But he was cut off by prosecutors’ objection, which was upheld by the judge.

But the judge handed prosecutors a setback on Monday when she blocked much of the evidence that they said would explain Hasan’s motive, including references to Hasan Akbar, a Muslim soldier sentenced to death for attacking fellow soldiers in Kuwait during the 2003 Iraq invasion.

Prosecutors wanted to prove Hasan’s attack was a “copycat,” but the judge said such material would “only open the door to a mini-trial” of Akbar and result in a “confusion of issues, unfair prejudice, waste of time and undo delay.”

Hasan is facing numerous counts of premeditated murder and attempted premeditated murder. If convicted, he could face the death penalty.

However, Hasan has done little to defend himself so far. He even acknowledged, during his brief opening statement at the beginning of the trial, that the evidence would show he was the shooter. Before his trial began, Hasan indicated that he would call just two witnesses, and it wasn’t clear whether he planned to testify in his own defense.

The judge dismissed the jury panel by saying quote, “We’ll resume tomorrow with the defense’s case, if any.”  If Hasan takes the stand, the judge is expected to restrict his testimony that would prevent him from making any inflammatory or political statements.

Hasan has hinted at his defense in the form of media leaks, including authorizing the release of a report from mental health experts who determined he was fit to stand trial. The report includes a statement from Hasan in which he speculates he could still be considered a martyr if convicted and executed by lethal injection.

The military defense attorneys ordered to help Hasan during the trial have accused him of trying to secure himself a death sentence. They have asked that their responsibilities be cut back, but the judge overseeing the trial, Col. Tara Osborn, has denied their requests.

The specter of an almost-certain appeal has hung over the long-delayed case. If Hasan gets a death sentence, the case will automatically go to the military appeals courts, which have overturned most of the death sentences they have reviewed.

(©2013 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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