NEW ORLEANS (December 1, 2012)—A civilian lawyer for accused Fort Hood killer Army Maj. Nidal Hasan filed an appeal with a federal court on Friday intended to bar the government from using secret surveillance evidence in Hasan’s trial.
Columbus, Ohio lawyer Eric Allen said in his filing with the 5th Circuit Court in New Orleans that since Hasan’s defense attorneys have been barred from investigating a series of communications between Hasan and U.S. born Qaida operative Anwar al-Awlaki, Hasan has been denied due process.
The communications, a series of emails between December 2008 and June 2009, were discovered after the Nov. 5 2009 shootings on Fort Hood that left 13 dead and more than 30 wounded.
A civilian attorney representing accused Fort Hood shooter Maj. Nidal Hasan filed an appeal Friday challenging the government’s intention to use evidence against Hasan obtained through secret surveillance.
Army prosecutors have, through the Foreign Intelligence Surveillance Act (FISA), had complete access to the emails but the defense team has not.
The same issue was debated in U.S. federal Court in Waco where on August 14 Judge Walter S. Smith denied the motion after he viewed the evidence independently.