Fort Hood suspect’s hearing to be open

Major Nidal Hasan, a 40-year-old Army psychiatrist, is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shootings at the Texas Army post. Military prosecutors have not said whether they would seek the death penalty, should Pohl determine that there is enough evidence to warrant a trial.

John Galligan, an attorney for Hasan, sought to keep the hearing closed, saying allowing the public to hear the testimony from nearly three dozen witnesses would create even more pretrial publicity. He plans to appeal yesterday’s ruling.

Galligan said that a Google search about the Hasan case showed about 4 million hits and that his client had been labeled a terrorist on a magazine cover and in news articles. He said everyone “from Obama to Oprah’’ — referring to President Obama’s visit at a Fort Hood memorial service a few days after the rampage — had hurt his client’s chances for a fair trial.

Pohl said some Article 32 hearings are closed, but usually by the government or when involving sexual assault cases. Military prosecutors did not want Hasan’s hearing closed.

Pohl also denied a defense request to exclude autopsy reports from being presented at the October hearing.

Yesterday’s hearing was Hasan’s second appearance in a Fort Hood courtroom. He did not speak during the hearing, and wore his Army combat uniform.

Hasan was paralyzed from the chest down after being shot by Fort Hood police officers.

The hearings are expected to last several weeks.