FORT WORTH, Texas -- Military prosecutors sent a notice Wednesday indicating they plan to seek the death penalty against the Army psychiatrist charged in the deadly shooting rampage at Fort Hood, a defense attorney said.
Maj. Nadal Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shooting. Premeditated murder carries the death penalty. But if military jurors convict Hasan, they can sentence him to death only if they determine there is an aggravating factor in the case, according to military law.
Defense attorney John Galligan said the notice he received from prosecutors outlines as an aggravating factor that more than one person was killed in the same incident.
"They've done everything except tell me to my face that they plan to seek the death penalty," Galligan said from his office near Fort Hood.
Military prosecutors have not publicly said what punishment they plan to seek, and Fort Hood officials did not immediately return calls seeking comment Wednesday.
Richard Stevens, an attorney who defends military cases and is not involved in Hasan's case, said the notice indicates prosecutors plan to present evidence about aggravating factors at Hasan's Article 32 hearing, which is similar to a grand jury proceeding.