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Maj. Nadal Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shooting. Premeditated murder carries the death penalty. But if military jurors convict Hasan, they can only sentence him to death if they determine there is an aggravating factor in the case, according to military law.
Source: newsmax.com...
the notice indicates prosecutors plan to present evidence about aggravating factors at Hasan's Article 32 hearing, which is similar to a grand jury proceeding. The hearing, after which a military judge will determine whether there is enough evidence to go to trial, could be held as early as July 1