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Central Texas Attorney Will Represent Suspected Fort Hood Gunman
KWTX ^ | 11/9/09

Posted on 11/09/2009 4:08:48 PM PST by LA Woman3

FORT HOOD (November 9, 2009)—John P. Galligan, a retired military attorney who now practices criminal defense law said he was contacted Monday by the brother of the man accused opening fire Thursday at Fort Hood, killing 13 and injuring 29.

Galligan, a retired Army Col., who practices in Belton and specializes in courts-martial, said Hasan’s family asked him to represent the Army psychiatrist, who was awake and able to talk Monday.

Galligan said he was hoping to meet with Maj. Nidal Malik Hasan later Monday at Brooke Army Medical Center in San Antonio.

He told News 10 he informed military and government investigators that he is representing Hasan and that the Hasan not be questioned outside of his presence.

He said his main concern now is that Hasan gets adequate medical care.

Authorities won't say when charges would be filed or if Hasan would face military justice.

Galligan questions whether Hasan could get a fair trial anywhere, given the widespread attention to the case.

Galligan has represented soldiers in other high-profile cases.

In 2005, he defended two soldiers at Fort Bliss charged in the beating death of Afghan detainees.

In 2007, he represented a Fort Hood master sergeant accused of failing to take precautions during a training exercise in which a soldier died.

In 2006, Galligan challenged incumbent Bell County Judge Jon Burrows in the Republican primary, but lost 5,941-3,223.

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TOPICS: News/Current Events
KEYWORDS: cair; fthood; gunman; hasan; islamicterrorist; jihadist; lawyers; nidalmalikhasan; portapotty
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1 posted on 11/09/2009 4:08:49 PM PST by LA Woman3
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To: LA Woman3

Ugh. I’d rather clean a port-a-potty with my tongue than represent that SOB.


2 posted on 11/09/2009 4:11:28 PM PST by Julia H. (Freedom of speech and freedom from criticism are mutually exclusive.)
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To: LA Woman3

I hope he ‘defends’ him all the way to the gas chamber.


3 posted on 11/09/2009 4:11:32 PM PST by null and void (We are now in day 292 of our national holiday from reality. - 0bama really isn't one of US.)
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To: LA Woman3

what’s with the continuing use of “SUSPECTED” ????


4 posted on 11/09/2009 4:12:13 PM PST by stylin19a
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To: LA Woman3
Unless I've very much underestimated the Officer Corps of today's Army the “jurors” who hear this case won't fall for a minute for any...”my client's a victim”...”it's the Army's fault”...”it's the fault of US foreign policy”...crapola.
5 posted on 11/09/2009 4:12:36 PM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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To: stylin19a

“what’s with the continuing use of “SUSPECTED” ????”

Newsmediaspeak. They don’t want to offend their Muslim overlords.


6 posted on 11/09/2009 4:15:11 PM PST by Jeb21 (www.jewsagainstobama.com)
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To: Julia H.

I could never be an attorney.


7 posted on 11/09/2009 4:15:40 PM PST by cripplecreek (Seniors, the new shovel ready project under socialized medicine.)
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To: LA Woman3

Why does this asshat have to be present when the terrorist murderer is questioned? He hasn’t even been charged and it’s not known whether tried in military or civilian court. At any rate, he belongs at Gitmo, unless some hero pulls the plug on him in the hospital.


8 posted on 11/09/2009 4:15:43 PM PST by La Enchiladita (Got jihad? "I'd like to give a shout out to ALLAH!!" N. M. Hasan, 11/05/09)
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To: LA Woman3

“Galligan questions whether Hasan could get a fair trial anywhere, given the widespread attention to the case.”

Actually, given the widespread attention to the case he’s GUARANTEED a fair trial.


9 posted on 11/09/2009 4:16:14 PM PST by Jeb21 (www.jewsagainstobama.com)
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To: Julia H.

Two words: Book Deal.


10 posted on 11/09/2009 4:16:42 PM PST by Reagan79 (Today, I consider myself the wisest Latina Woman on the face of the earth.)
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To: stylin19a
what’s with the continuing use of “SUSPECTED” ????

No kiddin'.

Today I heard a MSM report on the Florida shooter and there was no use of "alleged" or "suspected" and I thought "Why are they protecting the Mohammedan?"

11 posted on 11/09/2009 4:18:31 PM PST by johniegrad
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To: johniegrad

Can private sector lawyers represent defendents in a military court?


12 posted on 11/09/2009 4:19:53 PM PST by Eva (Obama bin Lyin)
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To: All


In a July 2009 interview, John Galligan explains to News Channel 25's Sara Talbert how soldiers implicated in crimes full the majority of his schedule.
13 posted on 11/09/2009 4:20:09 PM PST by LA Woman3
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To: Eva

If not, they can certainly assist.


14 posted on 11/09/2009 4:21:05 PM PST by johniegrad
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To: stylin19a
"what’s with the continuing use of “SUSPECTED” ????"

Until he's convicted, or until such a time that he enters a guilty plea, he'll be referred to in press accounts as "suspected" or "alleged". It's just the way the media works, probably for good reason - presumed innocent until proven guilty, and all that.

15 posted on 11/09/2009 4:21:57 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: Eva

“Can private sector lawyers represent defendents in a military court?”

yes but its not advisable unless they know military law


16 posted on 11/09/2009 4:22:37 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: OldDeckHand
he'll be referred to in press accounts as "suspected" or "alleged". It's just the way the media works

No, it isn't. See my comment above.

17 posted on 11/09/2009 4:23:24 PM PST by johniegrad
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To: LA Woman3

Colonel (ret) John P. Galligan ("JP")

Colonel John Galligan retired from the US Army in June 2001.

At the time of his retirement, he was serving as the Chief Circuit Judge, 3rd Judicial Circuit, Fort Hood, Texas.

Born in 1949 at Fort Bliss, El Paso,Texas, Colonel Galligan spent his childhood as a military dependant, accompanying his parents on remote military assignments to Fort Churchill,Canada, Taipel, Formosa, and Istanbut, Turkey.

Upon Graduating from Georgetown University ( school of Foreign Service) in Washington,DC, in 1971, Colonel Galligan was commissioned a Second Lieutenant in the military intelligence branch.

To fulfill his regular Army commission responsibilities, he served as a combat arms officer in the infantry branch,initially as a platoon leader and later as a company executive officer and the Brigade Courts and Boards Officer, with the 41st infantry, Combat Developments Experimentation Command, Fort Ord, California.

Selected for the US Army Excess Leave Program in 1973, Colonel Galligan received his J.D. (Magna Cum Laude) from the University of Puerto Rico in 1976. From 1976-1979, he served as a Defense Counsel and later as a Trial Counsel in the 1st Armored DIvision, Federal Republic of Germany. From 1979 until 1981, Colonel Galligan served as an Appellate Counsel with the Government Appellate Division, US Army Legal Services Agency, representing the government in cases before the US Army Court of Military Review and the Court of Army Appeals.

 After completing the Graduate Course at the Judge Advocate General's School in Charlottesville, Virginia, Colonel Galligan was selected to assist in developing the Trial Counsel Assistance Program, designed to assist military prosecutors in developing trial advocacy skills.

Colonel Galligan twice served in the US Army Litigation Division, First as a Branch Chief from 1988 until 1991 and later as the Division Chief from 1992 until 1994. He had two tours with the 1st Cavalry Division, Fort Hood, Texas, first as the Dupty Staff Judge Advocate from 1985 until 1988 and as the Staff Judge Advocate from 1991 until 1992. From 1992 until 1994, Colonel Galligan served as the Staff Judge Advocate, US Army South, in Panama.

 In 1997, he assumed duties as a Ciucuit Judge at Fort Hood and , in 1999, took over responsibilities as the Chief Circuit Judge for the third Judicial Circuit, one of the largest and busiest jurisdictions in the Army.

In 1983, Colonel Galligan was selected to participate as a member of a Judicial Reform Assessment Team, Coordinated by the US Department of State, to consult with high level governmental officials and members of the legal community in El Salvador and Honduras on issues related to legal reform, with particular emphasis on the area of criminal prosecution and military justice. In 1999, he participated as an instructor with a DILLS team dispatched to Bogota, Columbia, to perform similar functions.

Colonel Galligan is licensed to practice law in the Commonwealth of Puerto Rico, Washington, DC. and Texas. He is admitted to the highest courts in those jurisdictions. as well as being a member before the United States Supreme Court, the Court of Appeals for the Federal Circuit, the United States Claims Court of Appeals for Veterans Claims. He served as the Vice- Chair and later as the Chair for the Military Law Section of the State Bar of Texas.

In addition to the usual Basic and Advanced Courses for his Branch, Colonel Galligan is a graduate of the Armed Forces Staff College (1985) and the Industrial College of the Armed Forces ( 1995).

His Medal ( with 5 Oak Leaf Clusters), and the Legion of Merit ( with 2 Oak Leaf Clusters.

Colonel Galligan's hobbies are reading , Sailing, and Music. He has played the Cello since the age of  five and , as a teenager, was awarded various State and National Music Scholarships.

He actively participated as a Cellist in various amateur orchestras, instanbul Amateur Symphony, McLean Orchestra, McLean Symphony, as well as with local Orchestra groups during his assignment to Fort Hood in 1991- 1992.

Colonel Galligan is a former member of the Belton Chapter of Rotary Club International, Following Retirement from the US Army, He established a private Law Practice in downtown Belton.

Colonel Galligan is married to the former Harriett Mechiko Despretter (" Harr"). Their sons, Michael and Timothy, reside in California.   

 


18 posted on 11/09/2009 4:24:12 PM PST by deport
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To: Eva
Can private sector lawyers represent defendents in a military court?
You wouldn't want one to. Too many differences in law, evidence, and so one. Just like you wouldn't want a patent attorney to represent you in a murder case, except even more so.

19 posted on 11/09/2009 4:24:22 PM PST by DallasMike
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To: La Enchiladita
"Why does this asshat have to be present when the terrorist murderer is questioned? He hasn’t even been charged and it’s not known whether tried in military or civilian court."

Because American's have rights guaranteed by the Constitution, and in this case, the UCMJ. He's been named the sole suspect by command, as such, he has a right to counsel under the UCMJ, as well as a right against self-incrimination. He's currently in the middle of an ongoing CID investigation, which will be followed immediately by an Article 32 investigation and hearing -

If we abandon our fundamental and God-given rights when faced with the most horrific of crimes, we might as well call ourselves Iran or Saudi Arabia. No thanks, that's exactly what they want to happen.

20 posted on 11/09/2009 4:27:12 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: johniegrad

Guy I knew walked in on his wife and a co-worker. He was not happy with the First Sgts response.

He had access to the units armory and ended up ‘kidnapping’ his wife and the guy. Released them but went awol for a week.

His civilian attorney requested a special court martial instead of a general. Commander was ready to grant the request until they realized it would limit the jail time to 6 months.


21 posted on 11/09/2009 4:27:36 PM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver
yes but its not advisable unless they know military law

Which this one does.

Still, while the accused (in legal terms) is allowed to have a civilian attorney, he is not required to have one, or have one appointed for him. He gets a JAG officer do defend him. So if no one would take the job, he'd still have the "Assistance of counsel for his defense" as required by the 6th amendment.

No body can need the money so badly, especially not retired military, to defend this slime. The JAG officer will be ordered to defend him, so that's OK. But this guy should have refused the job offer. I imagine it will be like "cleaning a porta potty with your tongue" before it is all over. "the accused" will probably blow up and fire him anyway, before it's all over.

22 posted on 11/09/2009 4:32:32 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Julia H.
Ugh. I’d rather clean a port-a-potty with my tongue than represent that SOB.

Love that!

Seriously, he is entitled to a defense lawyer. Unless there's irrefutable proof of insanity -- like a growing brain tumor -- the attorney will likely urge Hassan to plead guilty and then try to keep him from the death penalty. Maybe that's not so bad -- Hasan believes he only gets his reward if he's martyred. No execution = no martyrdom = misery for life.


23 posted on 11/09/2009 4:32:37 PM PST by DallasMike
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To: LA Woman3

Was David Van Os unavailable?


24 posted on 11/09/2009 4:36:09 PM PST by mylife
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To: stylin19a
This mooselim $astard is the shooter, screw this use of “suspected”.

Drag him out behind the hospital and shoot him in the head!

25 posted on 11/09/2009 4:36:14 PM PST by tiger63
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To: La Enchiladita

Everyone is entitled to an attorney. I’d have preferred that he didn’t live through being shot, but thats the way it is. I doubt if the attorney will try to defend his guilt much, but may plead for life sentence over death penalty on the perps behalf. Of course that will ultimately be up to the jury, and I can’t see them giving him anything but the death penalty.


26 posted on 11/09/2009 4:37:35 PM PST by Quickgun (As a former fetus, I'm opposed to abortion)
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To: Quickgun

Shep just announced that it will be a military court trial.


27 posted on 11/09/2009 4:41:23 PM PST by nascarnation
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To: LA Woman3
Galligan has represented soldiers in other high-profile cases.

In other words it's all about Galligan and his 15 minutes.

He said his main concern now is that Hasan gets adequate medical care.

Any concern with the dead and wounded? Any concern with those left without mothers, fathers, sons and daughters?

28 posted on 11/09/2009 4:41:40 PM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: OldDeckHand

For those of us who don’t know all the acronyms, what is CID?

My point, I think, was that the terrorist hasn’t been charged yet.

Are you saying because he is an American-born terrorist and not a foreign-born terrorist, he doesn’t go to Gitmo? So, really, this illustrates that it is more effective for the jihad to be conducted by the American born.


29 posted on 11/09/2009 4:45:10 PM PST by La Enchiladita (Got jihad? "I'd like to give a shout out to ALLAH!!" N. M. Hasan, 11/05/09)
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To: cripplecreek

That is a GOOD thing.


30 posted on 11/09/2009 4:45:55 PM PST by La Enchiladita (Got jihad? "I'd like to give a shout out to ALLAH!!" N. M. Hasan, 11/05/09)
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To: deport

Thanks for the information. He also ran in the 2006 Republican primary for County Judge.


31 posted on 11/09/2009 4:46:39 PM PST by LA Woman3
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To: LA Woman3

The guy was caught in the act of shooting people, he shot one cop who was trying to stop him and tried to shoot the one who did stop him but he is still referred to as the “suspected” shooter or the “alleged” shooter. The MSM should have their butts whipped daily.


32 posted on 11/09/2009 4:47:26 PM PST by calex59
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To: LA Woman3

codered.

33 posted on 11/09/2009 4:49:17 PM PST by Foolsgold ("We live in the greatest country in the world and I am going to change it" Barry O'boomarang 2008)
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To: Julia H.
Ugh. I’d rather clean a port-a-potty with my tongue than represent that SOB.

Nobody put a gun to this attorneys head to force him to represent this guy....Obviously, this attorney is a bottom feeder, looking for notoriety and a few bucks.

34 posted on 11/09/2009 4:50:10 PM PST by dragnet2
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To: La Enchiladita
"Are you saying because he is an American-born terrorist and not a foreign-born terrorist, he doesn’t go to Gitmo? So, really, this illustrates that it is more effective for the jihad to be conducted by the American born."

CID = Criminal Investigation Command (formerly Division), it the military/civilian staffed investigative arm of the US Army, exactly like the Navy's NCIS.

And it's not me saying he "doesn't go to Gitmo", it the US Supreme court in a series off rulings the last three years. Hasan is an American citizen. He has rights, as every American citizen has rights and one of those rights is due process.

And, even in the civilian world, you don't necessarily have to be charged or indicted before you're entitled to legal assistance. And, that's certainly true in the military, as well.

35 posted on 11/09/2009 4:52:31 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: LA Woman3

Pssss, I have an idea for Hasan.

Ask to see Obama’s birth certificate before you get executed. He is your CIC.


36 posted on 11/09/2009 4:58:13 PM PST by RummyChick
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To: dragnet2

Re #34

Defense attorneys defend the accused, guilty or not. This is a Constitutional right.

Please refrain from showing your ignorance in the future.


37 posted on 11/09/2009 4:58:48 PM PST by Artemis Webb
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To: bgill
Any concern with the dead and wounded? Any concern with those left without mothers, fathers, sons and daughters?

Galligan won't be too popular in Bell County.
38 posted on 11/09/2009 4:59:47 PM PST by LA Woman3
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To: Artemis Webb

Hasan gave a lecture saying Islamic law trumps the Constitution.


39 posted on 11/09/2009 5:00:34 PM PST by RummyChick
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To: RummyChick

It doesn’t matter what he said. He has the Right under the Constitution.


40 posted on 11/09/2009 5:01:53 PM PST by Artemis Webb
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To: Artemis Webb
Ugh. I’d rather clean a port-a-potty with my tongue than represent that SOB.

Nobody put a gun to this attorneys head to force him to represent this guy....Obviously, this attorney is a bottom feeder, looking for notoriety and a few bucks.

Defense attorneys defend the accused, guilty or not. This is a Constitutional right. Please refrain from showing your ignorance in the future.

I didn't suggest or imply what an attorneys tasks may or may not be...I only said this attorney had a choice as to represent or not represent this guy, which is accurate.

Please read my posts slowly in the future, to avoid appearing an ignorant fool.

41 posted on 11/09/2009 5:05:01 PM PST by dragnet2
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To: Eva

Yes, but at the expense of the defendant. Guaranteed by the UCMJ.


42 posted on 11/09/2009 5:07:42 PM PST by ops33 (Senior Master Sergeant, USAF (Retired))
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To: dragnet2
"Please read my posts slowly in the future, to avoid appearing an ignorant fool."

Unlike yourself and most first graders I do not need to read out loud syllable by syllable to comprehend what I'm reading. I stand by my assessment of you.

43 posted on 11/09/2009 5:08:47 PM PST by Artemis Webb
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To: Artemis Webb

Re #34 has his right to an opinion without your characterizing it as ignorant.

Re #34 did not question the accused’ right to counsel as you seem to imply.

I agree with Re #34 that this COL Galligan is a bottom feeder. Read his CV if you get around to it.

I hope Nidal Hasan fries to a crisp for what he “alledgedly” did. Just my opinion.

;^)


44 posted on 11/09/2009 5:14:13 PM PST by elcid1970 ("O Muslim! My bullets are dipped in pig grease!")
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To: Artemis Webb

lol...Unlike your post, mine was 100 percent accurate, yours was not.

Please do read more carefully in the future.


45 posted on 11/09/2009 5:17:16 PM PST by dragnet2
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To: McLynnan; All
Will Galligan use the contagious PTSD defense??

New law allows for veterans' courts

Posted: Jul 29, 2009 4:46 PM CDT
Updated: July 30, 2009 07:20 AM CDT

by Sara Talbert

BELTON - A new law allows counties to set up veterans' courts, which would be designated for soldiers and veterans who have gotten into trouble with the law and who have also returned from a deployment suffering from psychiatric problems.

But even with the largest military installation in the world in their backyard, Bell County officials say it's not necessary.

But, Bell County defense attorney John Galligan disagrees.

"In the last two months, I've completed two aggravated assault with deadly weapon cases from soldiers at Fort Hood, both of whom returned from a deployed environment with PTSD and traumatic brain injury and on a whole range of drugs. They were on so many drugs it made them look like a walking Walgreens," said Galligan.

Both of those soldiers faced second degree felonies and jail time. Galligan says with a veterans' court, a judge could take in to consideration the mental diagnosis of the soldiers.

Bell County Commissioner Tim Brown says however, the law doesn't really apply to Bell County.

"Frankly, I think it's a silly bill. The only way we'd create a court of this sort would be if we were being overwhelmed by an inordinate number of these cases," said Brown, who added that is simply not the case. He says the judicial system already in place in Bell County works to meets soldier's needs.

"The judges have that discretion, that's why I say it's not something new," said Brown.

"They speak like there's not need for it? It's money," argued Galligan.

But that is something Brown doesn't deny. Up to a $1,000 fine could be handed down to the defendant; that money then used to help cover the costs of the court.

"Sounds good. But the truth of the matter is so many of these folks who are moving through the criminal justice system are economically challenged to begin with," said Brown.

News Channel 25 did try to get specific numbers from the Bell County District Attorney's office Wednesday concerning the number of cases involving soldiers with PTSD. The numbers were not readily available.

LINK
46 posted on 11/09/2009 5:17:50 PM PST by LA Woman3
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To: elcid1970
You are welcome to your opinion about my opinion.
I disagree with your opinion except for the the part about Hasan “frying to a crisp”. You'll get no argument there.
47 posted on 11/09/2009 5:18:16 PM PST by Artemis Webb
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To: elcid1970; Artemis Webb
Re #34 has his right to an opinion without your characterizing it as ignorant. Re #34 did not question the accused’ right to counsel as you seem to imply. I agree with Re #34 that this COL Galligan is a bottom feeder.

Why thank you...

Hopefully, Mr. Webb does not practice law....lol

48 posted on 11/09/2009 5:20:13 PM PST by dragnet2
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To: LA Woman3

Interesting discussion over here http://www.freerepublic.com/focus/news/2382579/posts?page=41

We’re debating whether Hasan would be more likely to receive the death penalty in a Texas court than a military court.


49 posted on 11/09/2009 5:21:56 PM PST by McLynnan
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To: dragnet2
"Hopefully, Mr. Webb does not practice law....lol"

I don't.
But tell me where did you learn what you know about practicing law? Apparently you watched way too much Perry Mason and assume that defense attorneys should ONLY take cases in which they believe their client is innocent (otherwise they are "bottom feeders").

ROFLMAO!

50 posted on 11/09/2009 5:25:54 PM PST by Artemis Webb
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