Day 3: Standby Counsel's Motion Denied, More Witnesses Testify - KYTX CBS 19 Tyler Longview News Weather Sports

Day 3: Standby Counsel's Motion Denied, More Witnesses Testify

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Courtesy Brigitte Woosley Courtesy Brigitte Woosley

(KCEN) -- "We're going to move forward with this trial," says Judge Osborn, and that is exactly what they did.

Panel members came in just before 10 a.m. and witnesses took the stand.

Many witnesses described what they saw and heard on that November 5 day.

"Just a few short seconds after sitting down with the provider, we both heard something that made us look at each other and know something wasn't right," said retired MAJ Laura Suttinger. "We heard a pop, pop, pop sound." After recalling what she did, she said, "There were bodies on the floor. There was extensive blood all over the place."

SGT Alan Carrol remembers seeing Hasan, "I saw a man in uniform stand up and hold what looked to be a weapon in his hand that had a green laser on it. Had hand over left shoulder trying to figure out what was going on, turned around and there was a man behind me and he was laughing. And I thought it was a training exercise." He began to go on and say that he saw blood and got on the ground to try and figure out what was going on.  He recalls that he was trying to help a man, PFC Aaron Nemelka, he spoke with earlier, "I grabbed his legs and pulled him down to the floor. I was telling him to get on the ground and act like he's dead. And I told him he has a chance to roll over and put his head on the ground and hold his breath." SGT Carrol went on, "I told him to roll over and play dead and as he sat up, that's when he got hit in the neck." He went on to say that he moved over and heard gunfire behind him, so he started pulling Nemelka out and started moving. "The shooter came around to my side, then I put Nemelka on the ground and said this is it."

SSG Michael Davis says he was with a nurse at the time, "I believed at that point it was some sort of drill." He goes on to say that he thought it was a drill and that he heard some screaming that he didn't think was fake. "I heard a young lady screaming, my baby, my baby, my baby." As he stuck his head around the divider, "I saw somebody get hit and I saw blood spray." He then realized it wasn't a drill so he told a lady, "This is not a drill, this is not an exercise, people are really getting shot." He later said that he played dead until he heard shots outside of the building. So, he ran out of the hallway and exited the building. He jumped into a truck bed and slapped on a window and asked for a ride to Darnall. 

(KCEN) -- After recessing on Wednesday to rule on a motion, court started again on Thursday at 9 a.m.

Judge Osborn believed that they needed to recess in order to address the issues that arose.

"The court believes that this is a simple matter of standby counsel disagreeing with the way MAJ Hasan wishes to proceed with his case," Judge Osborn said. Also, she said that a standby counsel should always be appointed in capital cases with a pro se defendant.

With that said, Judge Osborn denied the standby counsel's motion.

The trial continued after Judge Osborn's ruling, but Poppe continued to argue.

"Barring consideration that might have head from receiving that we intend to file a writ, as we believe that your ruling is causing us to violate our code of conduct," Poppe said.

After arguing back-and-forth about the counsel's morals against defending Hasan and their State Bar, Judge Osborn said, "Let me make it easy for you. I've given you an order to perform these duties as standby counsel and that relieves you of any ethical liability.  

"There are only two defenses to what he's charged with, either I didn't do it or I have an excuse,"  COL Mike Mulligan said. "So far, nothing he has done has been repugnant or surprising to anyone in this case."

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