This is just a “preliminary” hearing of some type, is that correct? This is not the actual trial or court martial proceedings?
Most likely, her weapon was dry. Their is nothing wrong the M9 or 92FS civilian model. Like any semi auto handgun, they will function properly if kept cleaned and oiled. If they are dry, they will pinch a partially ejected crtridge in the ejection port. Pain in the @$$ to clear - drop the mag and then clear the spent shell - reinsert the mag and reload....red
I'm not military, so I don't quite know what that means.
The Uniform Code of Military Justice (UCMJ), tailored as it is for use in the field, doesn’t have a Grand Jury provision.
In civilian legal practice, as you probably know, the Grand Jury (a sworn panel of citizens from the community) hears a presentation of the evidence of a crime by the prosecutor and must make a determination whether it is sufficient to merit an indictment, the first step in going to trial.
Under the UCMJ, this is done in an Article 32 Hearing before a military judge. That is what is happening now at Fort Hood. The prosecutors are presenting the evidence they have collected implicating Major Hassan in the crime. It is a preview of what will be presented at the later trial. The one thing present in a trail but lacking in the Article 32 Hearing is the defense. They will make no presentations until the actual trial. However, the defense team is very interested in this proceeding because it may provide clues toward developing the defense’s strategy against the charges.
Given the amount of incriminating evidence, there is no doubt the judge will bind the Major over for trial. Major Hassan is in court because it is his right to attend the proceedings under the UCMJ.