Fort Hood shooter’s death sentence heads for appeal with or without him

Major Nidal Hasan may wish to die a martyr, as he told mental health evaluators before his trial in the shooting deaths of 13 people at Fort Hood, Texas, but his execution is likely years away.

The case against Hasan, who was convicted of the 2009 murders of 13 people at the Army base and sentenced to death on Wednesday by a military jury, will now move to a lengthy appeals process that includes several stages of review.

Appellate review is mandatory for courts-martial involving the death penalty, regardless of the defendant’s wishes, according to Eugene Fidell, a professor at Yale University who studies military justice.

The case next goes to the “convening authority” - the high-ranking military officer responsible for calling the court-martial - for review. The officer can approve or reject the verdict or the sentence.

That step, which has no analogue in the civilian justice system, has drawn increasing scrutiny from Congress and military leaders concerned about sexual abuse after the controversial dismissal of a sexual assault conviction against an Air Force lieutenant in Italy earlier this year.

If the officer approves the Hasan jury’s findings, the case will then move to the US Army Court of Criminal Appeals, an intermediate appellate court with military judges.

Hasan could refuse legal representation, as he did at trial, which would present an untested issue under military law.