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Email Between Hasan And Al-Qaeda Member Quoted In Court

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(KCEN) -- Accused Fort Hood shooter Nidal Hasan was back in military court for a pre-trial hearing.

Military Judge Colonel Tara Osborn ruled on several motions regarding what evidence can be used in the case against him.

She upheld a former ruling not to allow the government to use emails between Hasan and former Al-Qaeda leader Anwar al-Awlaki.

That's after the government reduced the number of such emails it wants to use to prove premeditation from 18 to three.

But the judge quoted one of the emails that said, "Suicide Bombers' intention is to kill numerous soldiers to prevent an attack the following day."

She said that lends itself to "The Defense of Others," a defense strategy she has prohibited Hasan from using.

Because the content of the emails can't be explained without telling the military jurors who Anwar al-Awlaki is, the judge said, "My concern with the emails is some sort of guilt by association."

The government can't go into al-Awlaki's background, because months ago COL Osborn ruled that the government's terrorism expert can't testify about the complexities of terrorism and must stick to basic context.

She said she may revisit the issue of allowing the government to use those emails later on in the trial.

The judge also said video of the crime scene and building, dash camera video and three 911 calls, including one where a soldier can be heard dying in the background, may be used as evidence.

She said that 13 photos from the lives of the fallen are admissible but reminded the government that they may not be used in opening statements.

Another hearing is scheduled for Friday morning.

Supplemental panel questions designed to ensure the military jurors have not become unsuitable to decide the case are set for Monday morning.

Opening Statements will be Tuesday, August 6.

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