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Fort Hood killer won't call witnesses or testify
This is an archived article that was published on sltrib.com in 2013, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Fort Hood, Texas • The Army psychiatrist who fatally shot 13 people at Fort Hood decided not to present any evidence during his trial's penalty phase on Tuesday, even though jurors are deciding whether to sentence him to death.

Maj. Nidal Hasan rested his case without calling witnesses or testifying to counter the emotional testimony from victims' relatives, who talked of eerily quiet homes, lost futures, alcoholism and the unmatched fear of hearing a knock on their front door.

Prosecutors hope the testimony helps convince jurors to hand down a rare military death sentence against Hasan, who was convicted last week for the 2009 attack, which also wounded more than 30 people at the Texas military base.

The judge dismissed jurors after Hasan declined to put up a defense. But she then asked Hasan more than two dozen questions in rapid fire, affirming that he knew what he was doing.

"It is my personal decision," he said. "It is free and voluntary."

The judge, Col. Tara Osborn, read aloud several court opinions to back up her decision not to introduce evidence in Hasan's favor on her own.

"In other words, Maj. Hasan, you are the captain of your own ship," Osborn said.

Closing arguments are scheduled for Wednesday, but whether jurors will hear from Hasan remains unclear. He has been acting as his own attorney but has put up nearly no defense since his trial began three weeks ago.

The trial's penalty phase is Hasan's last chance to tell jurors what he's spent the last four years telling the military, judges and journalists: that he believes the killing of unarmed American soldiers preparing to deploy to Iraq and Afghanistan was necessary to protect Muslim insurgents. He was barred ahead of trial of making such a defense.

Hasan rested his case after more than a dozen widows, mothers, fathers and children of those killed, along with soldiers wounded during the rampage, testified about their lives since Nov. 5, 2009.

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