Prosecutors in Nidal Hasan Trial Told Not To Look At Mental Evaluation Released By Suspect

Documents given to the press by Fort Hood gunman Nidal Hasan cannot be used as evidence, nor may the prosecution view them.

Earlier this week, Hasan released a full sanity board report to the New York Times in which he told mental health experts that he would still be a martyr if he were executed via lethal injection. In that report, Hasan confesses to carrying out the 2009 mass shooting at Fort Hood, but does not express guilt or remorse, saying “it was for a greater cause of helping my Muslim brothers.” Most importantly, the document contains an account of the shooting in Hasan’s own words, which prosecutors say could prove that the attack was premeditated.

Until the release of that report, the court only had access to a summary. Osborn revealed this to Hasan at a hearing on Wednesday and asked if it was his intention to release the full report. He replied with a yes and indicated that he had waived his right to confidentiality. However, Osborn ruled that there were no issues of sanity at question at the trial and said that prosecutors should not read the report.

In that report, Hasan told a three-officer panel that he targeted a medical processing building at a specific time because he knew it would be crowded. He also admitted that he considered opening fire at a nearby graduation ceremony, but realized that the graduation gowns might prevent him from distinguishing soldiers from civilians.

Also of significance at Wednesday’s hearing was pathologist testimony detailing the wounds caused by the FN 5.7 semi-automatic pistol Hasan is believed to have used as he carried out the attack. According to that testimony, at least four of the victims were shot while lying down, including physician’s assistant Michael Grant Cahil, who is said to have attempted to stop Hasan by charging at him armed with a chair.