Standby lawyers can't take over Fort Hood case

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Associated Press

Posted on August 27, 2013 at 6:03 PM

Updated Tuesday, Aug 27 at 6:32 PM

FORT HOOD, Texas (AP) — The military lawyers assigned to help the Fort Hood shooting gunman won't be allowed to present evidence on why he shouldn't get the death penalty.

Shortly after Maj. Nidal Hasan rested his sentencing case Tuesday without presenting any evidence, his three stand-by attorneys asked the judge to let them present information that he chose not to use.

They suggested they could act as a third party after prosecutors and Hasan completed their case.

They say he isn't presenting evidence that could convince jurors to sentence him to life in prison, such as good behavior in jail and his offer to plead guilty before trial.

But the judge, Col. Tara Osborn, denied their request. She says that while ill-advised, Hasan has the constitutional right to represent himself.

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