Fort Hood shooting suspect's beard becomes issue

(AP) FORT WORTH, Texas - The Army psychiatrist charged in the fatal Fort Hood shooting rampage will be barred from the courtroom during his pretrial hearing Tuesday if he hasn't shaved his beard and will be forced to watch the proceedings on closed-circuit television.

Maj. Nidal Hasan surprised the judge earlier this month when he appeared in court with a beard, which violates Army regulations. The judge, who has the power to bar defendants from court for such violations, issued the order and postponed the hearing until Tuesday.

Hasan had been clean-shaven in all other court appearances since the 2009 attack, which killed 13 people and injured more than 30 others on the sprawling Texas military post about 125 miles southwest of Fort Worth. Fort Hood officials wouldn't say Monday whether Hasan would be charged if he shows up unshaven. One possible charge is failure to obey a lawful order or regulation, which carries a maximum two-year jail sentence.

Hasan is an American-born Muslim, and his attorneys have said they would seek an exception based on religious beliefs to the Army's rule.

Since Hasan has been growing the beard just before his scheduled Aug. 20 trial, he may be trying to use the media attention to show that he's being persecuted for his religious beliefs, said Jeff Addicott, a former senior legal adviser to the Army's Special Forces who is not involved in the Hasan case.

"He's going to play the religious card," Addicott, director of the Center for Terrorism Law at St. Mary's University School of Law, said Monday. "And this is his last card to play ... because no one believes he's not going to be found guilty."

Alleged Fort Hood shooter seeks trial delay again
Ft. Hood massacre suspect Nidal Malik Hasan makes first courtroom appearance

Fort Hood spokesman Chris Haug said Monday that post officials wouldn't know until Tuesday whether he had followed the judge's order. He couldn't provide details on the closed-circuit TV and whether anyone in court would be able to see Hasan.

Hasan, 41, is paralyzed from the waist down after being shot by police the day of the rampage. He remains jailed.

"I don't think he has to rely on a beard to show that he's being treated unfairly," Hasan's former lead attorney John Galligan said, noting previous court rulings against Hasan.

Galligan, who hasn't spoken to Hasan in months, said he doesn't know why Hasan is growing the bead and declined comment on what Hasan had said about his religion.

The judge, Col. Gregory Gross, is expected to consider several motions Tuesday, including whether to delay Hasan's military trial until December. The trial already has been postponed from March and then June, as defense attorneys said they needed more time to prepare.

Hasan faces the death penalty if convicted of 13 counts of premeditated murder and 32 counts of attempted premeditated murder. The trial is expected to last at least two months, and the military jury will be brought in from Fort Sill, Okla.

Witnesses have said that on the morning of Nov. 5, 2009, a gunman wearing an Army combat uniform opened fire after shouting "Allahu Akbar!" — or "God is great!" in Arabic — in a Fort Hood medical building where deploying and returning soldiers received vaccines and other tests. Several witnesses identified the gunman as Hasan, who was scheduled to deploy to Afghanistan the following month.

A Senate report released last year said the FBI missed warning signs about Hasan, who the report said had become an Islamic extremist and a "ticking time bomb" before the rampage.

U.S. officials have said they believe Hasan's attack was inspired by the radical U.S.-born cleric Anwar al-Awlaki, and that Hasan and the cleric exchanged as many as 20 emails. Al-Awlaki was killed in a U.S. drone strike in Yemen last fall. His name has not yet been mentioned in any hearings in Hasan's case.

[ammo17]

i think eric holder doesn`t have enough eye witnesses to move this trial along.God help our country as long as this administration is in office.

[OnTheRoad01]

The so called 'Judge' in this case is a coward!!!! He is scared to death of this man and how the case will move forward. Hasan's failure to follow a direct order to shave, would have placed anyother soldier in the brig this morning! But with Hasan the judge will make him sit in another room and watch a TV! If Obama (the judge's superior officer) had any nuts he would call the judge and tell him to get this moving forward 'NOW!'

[AOCGUY]

Well as CinC I suppose Pres Obama is in the judge's chain of command but I also suspect many times removed. I would be interested if you could cite just one example of a CinC/POTUS issuing direction to a judge in a Courts Martial or even involving himself in the proceedings. I'm pretty sure is has never happened. The judge, righly issued a lawful order and should Hasan not follow that order the correct response would be to charge Hasan with disobedience of a lawful order. The military doesn't tie people up and shave them nor should they.

[credibility2]

He grows a beard because of the very religion that made him a terrorist, slaughtering all those innocent victims. He's lucky he's still alive.

[AOCGUY]

He is 41 years old and has been a Muslim all his life. How come he now wants to grow a beard but it didn't matter before? Don't think it has anything to do with Islam.

[Montana5]

And why is this an issue? By somehow enforcing the provisions of the UCMJ against facial hair, does someone think they're going to make this terrorist a better soldier? Move on to trial, convict him and build the gallows. Let's not give this maggot another instant of attention.

[AOCGUY]

Wasn't aware there was anything in the UCMJ with reagards to facial hair. There is an Army regulation that directs grooming standards.

[ticobird]

Excellent observation AOCGUY.

[tommytheking]

As a retired military member, I am appalled at the length of time this is taking to bring this terrorist to his fitting end. Let's just use the UCMJ and hang him.

[ticobird]

Hasan is subject to the UCMJ and as such I would more prefer the presiding judge, Col. Gregory Gross, close court proceedings to only those needed to prove guilt or innocence. There should be no public component to this trial. Having said that, as a civilized people we should let these proceedings take their natural course and not get in a hurry. This defendant will receive what is coming to him. Of that I have no doubt. The judge would be well advised to give as much consideration to the victims families as he does to the defendant so they can get this barbaric tragedy behind them and move on with rebuilding their lives.

[themanfrombrum]

"Hasan, 41, is paralyzed from the waist down after being shot by police the day of the rampage."

How is he going to face Mecca now, then?! It would be pretty hard to do in a wheelchair.

[Jaylah54100]

Wheelchairs have wheels on them for a reason. They can face any compass point you want them to.

Evidently you know so little about the Islamic faith that you are unaware that there are chairs in the back of every Islamic prayer room for the use of disabled and elderly participants.

How about educating yourself about the subject at hand before you shoot your mouth off again?

This is not a defense of Nidal Hasan. There is no defense for what he did. But there is also no defense for being ignorant. Not in this day and age, when you obviously have access to the vast store of wealth stored via the internet.

[opedanderson2]

Calling this guy a "shooting suspect" is like calling Mohammed Atta a "disgruntled pilot"...

He's a radical Islamic TERRORIST!!!!

[AOCGUY]

For those suggesting that we throughout our judicial protections that have been part of the American personna throughout our history are advocating granting victory to our enemies by giving up what American patriots have fought and died to protect. Like it our not our legal system, including that of the US military is the fairest and most effective on the planet. It may take a while but justice will be served. In the meantime we must seek to preserve not ignore our legal protections that work to insure the innocent are not punished along with the guilty. If you feel otherwise I suggest moving to a country where evidentiary trials are not required and emotions alone rule. Saudi Arabia and Iran are good examples.

[enoughsaidu]

I agree let him play every card he wants. This way he can not come back and say that he was not given a fair trial. Either way we are supporting him for the rest of his life, free meals, free medical.

[GTR5]

I don't think the beard will be a problem. Just make sure the noose is fitted correctly around the neck.