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Fort Hood suspect ordered held until court-martial

Pfc. Brent Simmons, who served with Staff Sgt. Bradley Espinoza, hugs family friend Dina Clark, during a memorial service was held in the 1st Cavalry Division Memorial Chapel, Thursday, Nov. 19, 2009, at Fort Hood, Texas. Four soldiers were memorialized, including from left show in photos, Pfc. Daniel Rivera, Staff Sgt. Bradley Espinoza, Spc. Jason Hunt and PV2 Francheska Velez. (AP Photo/Austin American-Statesman, Laura Skelding) MAGS OUT. NO SALES. TV OUT. INTERNET OUT: AP MEMBERS ONLY.

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Fort Hood shooting suspect Army Maj. Nidal Malik Hasan's attorney, Retired Army Col. John P. Galligan answers questions from the media outside Brooke Army Medical Center Saturday Nov. 21, 2009 in San Antonio, Texas, where Maj. Hasan is recovering from wounds he received during the incident. Galligan was speaking after a pre-trial detention hearing. (AP Photo/San Antonio Express-News, Edward A. Ornelas) MAGS OUT; NO SALES; SAN ANTONIO OUT; AP MEMBERS ONLY; MANDATORY CREDIT

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FILE - This 2000 file picture provided by the Uniformed Services University of the Health Sciences shows Nidal Malik Hasan when was a medical student at the F. Edward Hebert School of Medicine, Uniformed Services University of the Health Sciences. The Army psychiatrist charged with killing 13 people at Fort Hood will be confined until his military trial, initially staying in a hospital where he is recovering from gunshot wounds, his attorney said Saturday Nov. 21, 2009. (AP Photo/Uniformed Services University of the Health Sciences, file)

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By ANGELA K. BROWN, The Associated Press Updated 4:02 AM Sunday, November 22, 2009

FORT WORTH, Texas — The Army psychiatrist charged with killing 13 people at Fort Hood will be confined until his military trial, initially staying in a hospital where he is recovering from gunshot wounds, his attorney said Saturday.

During a hearing at Maj. Nidal Hasan's hospital room in San Antonio on Saturday, a magistrate ruled that there was probable cause that Hasan committed the Nov. 5 shooting spree at Fort Hood, said his civilian attorney, John Galligan. Hasan has been at Brooke Army Medical Center since the shooting, and his attorney said Hasan has been told he has permanent paralysis.

Galligan told The Associated Press in a telephone interview that the judge also ordered Hasan to pretrial confinement, which usually means jail, until his court-martial. The military justice system does not have bail for defendants.

The magistrate ruled that Hasan will initially remain in the hospital, where he is in intensive care, Galligan said.

Saturday's hearing was closed to the media. Officials at Fort Hood, about 150 miles southwest of Fort Worth, declined to comment.

Galligan said Hasan has no feeling from the chest down and has limited movement in his arms.

Hasan was shot by civilian members of Fort Hood's police force after the shooting spree in a crowded building where soldiers must go before they are deployed to finalize wills, update vaccinations and get vision and dental screenings.

Hasan has been under guard at the hospital, Galligan said, and military officials have not told him how the pretrial confinement status will change anything.

"I don't know what rights and privileges he had that will now be changed, such as visitors of if they'll open his mail," Galligan said. "There are still many issues that haven't been addressed. I feel like I just wasted a day."

Hasan has been charged with 13 counts of premeditated murder. Authorities have not said whether they will seek the death penalty, his attorney said.

Galligan said he is concerned about where Hasan will be moved once he's released from the hospital, but he does not know when that will happen.

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November 22, 2009 08:59 AM EST

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