(KCEN) -- Accused Fort Hood shooter Nidal Hasan will still face the possibility of execution.
That's after his defense asked his new judge to re-examine the court's decision to throw out the death penalty.
The defense called the way military courts decide to apply the death penalty unconstitutional. They said only the federal court's capital referral process would be fair.
Their reason was that in civilian court, only the Attorney General can apply the death penalty to a case. But in the military, there are hundreds who have that authority, each with varying opinions.
Defense Attorney Christopher Martin told the judge, "We are removing the rights of soldiers in the removal of military necessity."
Prosecution Attorney Larry Downend responded, saying, "The defense is just simply cherry picking from other systems and saying we need this and we need to make it better."
Also denied today were the defense's requests for a media analyst and a victim outreach specialist.
The defense withdrew their request for permission for Hasan to plead guilty on all counts but said he would enter a guilty plea anyway.
The judge also said she would accommodate the time Hasan needs to pray into court proceedings as long as she has a schedule beforehand.
Both sides were told to decide by next Wednesday when they will be ready to go to trial.
The next hearing is set for February 27.
