The Army major charged in the killings of thirteen people at Fort Hood, Texas last year appeared in a military court on Tuesday to seek a delay in his murder trial. Major Nidal Malik Hasan faces the death penalty if convicted. Fort Hood spokesperson Thomas Rheinlander said Nidal’s attorneys are seeking to delay the trial over the Army’s refusal to release documents related to the case.

Thomas Rheinlander: “During today’s Article 32 hearing, the defense asked for a reconsideration of a previous motion for closure. The investigating officer denied the motion. The defendant moved for a continuance until November 8th. The investigating officer gave the defense until midnight tonight to file a brief in support of its motion for continuance.”