Lawyer for Fort Hood suspect steps down

FORT HOOD, Texas (AP) - The lead attorney for the man charged in the November 2009 deadly rampage at Fort Hood said he is stepping down from the case temporarily.

A trial date was set Wednesday for March 5. The defense requested a deferred plea and the judge, Col. Gregory Gross, granted it.

John Galligan's announcement on Wednesday came shortly before Maj. Nidal Hasan's first court appearance since it was announced he will face the death penalty.

The Army psychiatrist is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder.

Hasan spoke in court Wednesday, stated the names of the three military attorneys who will represent him and affirmed the judge's inquiries about Galligan's departure.

The new lead counsel was named as Lt. Kris Poppe. The trial is expected to last about 45 days once it starts.

Hasan said he is satisfied with detailed counsel and desires no specific military counsel. He also affirmed that he understood the charges against him. Gross also explained that Hasan has a right to be tried before an officer panel, which Hasan elected to do.

Hasan is not able to plead guilty. Gross explained that prosecution must prove a capital count, an aggravating factor, and that the aggravating factor must outweigh mitigating factors. Each must be decided by a unanimous vote by the court martial panel.

Hasan, by counsel, waived reading of the charges and deferred entering a plea and further motions.

The judge will issue an order setting deadlines for motions from both sides.

Galligan, a civilian attorney, told The Associated Press he was taking a leave of absence but declined to give reasons. Galligan said he continues to believe Hasan has been treated unfairly.

Galligan issued a statement Wednesday afternoon. Following is the text of his letter:

"20 July 2011
"Today marks my leave of absence as a member of the Hasan Defense Team. I will not at this time detail the reasons prompting this development. I will continue to monitor this important case as it proceeds thru the court-martial process.

"Suffice it to say, this case highlights why I remain dedicated to the criminal defense function. Over the past year, my family and I have been vilified by many for defending Major Nidal Hasan. That disparagement is misplaced. You will recall that an early President, John Adams, was subjected to similar scorn when he led the defense of British soldiers charged in the Boston Massacre. President Adams reminded critics that he performed a vital role and served a noble function. As he wisely noted, we are not secure in our individual liberty and freedom if we do not maintain an abiding respect for the right of all defendants to fair proceedings. Indeed, John Adams' expressed sentiments about representing the Boston Massacre defendants are apropos to my situation. Paraphrasing him,

'The part I took in defense of [Major Nidal Hasan] procured me anxiety, and obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country. Judgment of death against those soldiers would have been as foul a stain upon this country as the executions of the Quakers or Witches ....'

"I have consistently argued that Major Hasan has not been treated fairly. I maintain that belief. As such, I deeply regret that my presence on the Defense Team has been interrupted. However, Major Hasan fully understands that I stand ready and anxious to resume an active role.

"John P. Galligan"