Judge won't toss confession in Fort Hood bomb plot

Fox News ^ | Apr 20 | Staff

[chuck_the_tv_out]

WACO, Texas – A federal judge on Friday rejected a defense motion to throw out a confession from the soldier accused of planning to bomb a Texas restaurant filled with Fort Hood troops.

Lawyers for Army Pfc. Naser Jason Abdo say authorities did not read his Miranda rights or grant his request for a lawyer before he told them of plans to blow up the building and shoot survivors. They also asked the judge to suppress evidence obtained after Abdo was detained in July at a Killeen motel near the Texas Army post.

U.S. District Judge Walter Smith rejected the motions Friday after a four-hour hearing in Waco.

Abdo, 22, faces up to life in prison if convicted of attempting to use a weapon of mass destruction and eight other charges. His trial is set for May.

In a muffled recording played in court Friday, a police detective, Sgt. Eric Bradley, is heard saying he saw footage of Abdo in area stores and asking if the soldier knew about events in Killeen, including the 2009 shooting rampage at Fort Hood in which an Army psychiatrist is charged.

Abdo tells the detective in the recording that he applied for conscientious objector status but it was put on hold after he was charged with having child pornography.

[chuck_the_tv_out]

1 convert to islam = 1 pedophile terrorist

[chuck_the_tv_out]

[Elle Bee]

IMHO that this guy hasn't been frog marched out and shot yet says a lot about what's wrong with this country

.

[originalbuckeye]

Holder isn’t going to prosecute ‘his’ people. I suspect that ‘his’ people include those who want to harm/murder Americans.

[Renderofveils]

Interesting coincidence that his lawyer is named Zachary Boyd. Particularly since in NC we’ve got the Boyd clan (and friends) on trial for terrorism down in Willow Springs.

[armymarinemom]

I still haven’t heard which restaurant this creep planned on bombing.

[yefragetuwrabrumuy]

N.B.: Judge Walter Scott Smith, Jr. is a Reagan appointee.

Somewhat worrisome:

“In the 1994 Davidian trial U.S. District Judge Walter Smith, having first ruled that defendants could not be held guilty of enhancements to a crime if the jury had acquitted them of the crime, reversed himself (after an ex parte meeting with the prosecutors) and explained “The law doesn’t have to be logical.”

The basis for that attitude had been laid by the “legal realists”, particularly Oliver Wendell Holmes, Jr., “the life of the law has not been logic; it has been experience.” This has been discussed by Benjamin N. Cardozo in “The Nature of the Judicial Process” (1921).

http://www.constitution.org/cmt/cardozo/jud_proc.htm

This means that the courts are more inclined to defend “stare decisis” (judicial precedent), even if illogical or defying common sense, than to actually use good judgment.

[yefragetuwrabrumuy]

N.B.: Judge Walter Scott Smith, Jr. is a Reagan appointee.

Somewhat worrisome:

“In the 1994 Davidian trial U.S. District Judge Walter Smith, having first ruled that defendants could not be held guilty of enhancements to a crime if the jury had acquitted them of the crime, reversed himself (after an ex parte meeting with the prosecutors) and explained “The law doesn’t have to be logical.”

The basis for that attitude had been laid by the “legal realists”, particularly Oliver Wendell Holmes, Jr., “the life of the law has not been logic; it has been experience.” This has been discussed by Benjamin N. Cardozo in “The Nature of the Judicial Process” (1921).

http://www.constitution.org/cmt/cardozo/jud_proc.htm

This means that the courts are more inclined to defend “stare decisis” (judicial precedent), even if illogical or defying common sense, than to actually use good judgment.

[Red Dog #1]

"Abdo tells the detective in the recording that he applied for conscientious objector status but it was put on hold after he was charged with having child pornography.

"So I'm AWOL ... and I was planning an attack here in the Fort Hood community," Abdo says in the recording."

You just couldn't make this stuff up...

[hattend]

Looking at the pic in #2, he doesn’t look like one of Holder’s people

[originalbuckeye]

I think that terrorists are part of ‘Holder’s people’, no matter what.

[tarheelswamprat]

“In the 1994 Davidian trial U.S. District Judge Walter Smith, ... “The law doesn’t have to be logical.”

I appreciate the effort, but there aren't many left around here who remember this "old news", or care. Many of those jurors later went on record as being very upset at how those people were railroaded. Judge Smith disgraced himself in that sorry episode.