Judge: Fort Hood suspect can be forcibly shaved

Undated photo of Nidal Hasan, an Army psychiatrist charged in the deadly 2009 Fort Hood shootings / AP Photo/Bell County Sheriff's Department via The Temple Daily Telegram

(AP) FORT WORTH, Texas - A judge has the right to order an Army psychiatrist charged in the 2009 Fort Hood shooting rampage to be forcibly shaved before his murder trial, military attorneys told an appeals court Wednesday.

The attorneys, in a document filed on behalf of Col. Gregory Gross, contend that forcibly shaving Maj. Nidal Hasan would not violate the American-born Muslim's religious freedoms and said it is similar to "and no more invasive than" a judge's right to restrain a defendant who is disruptive during a court-martial.

"Forced shaving is not a novel concept in the military," military attorneys said in the judge's response filed with the U.S. Court of Appeals for the Armed Forces. "Army regulations expressly authorize nonconsensual haircutting and face-shaving for recalcitrant incarcerated soldiers. ... If the judge has authority to bind and gag a disruptive accused (soldier), then certainly he has authority to forcibly shave (Hasan)."

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Last week that appeals court delayed Hasan's court-martial, which had been set to start earlier this week with jury selection, while it considers his appeal to being forcibly shaved. Now that the judge has responded, the court can make a decision or choose to hear oral arguments in the case first.

Hasan has grown a beard to express his Muslim faith. His defense attorneys have said he won't shave since he's had a premonition that his death is imminent, and he doesn't want to die without a beard because he believes not having one is a sin.

Hasan faces the death penalty or life in prison without parole if convicted in the November 2009 attack on the Texas Army post that killed 13 people and wounded more than two dozen others.

Gross has banned Hasan from courtroom hearings since he first showed up in court in June with a beard, letting him watch the proceedings on a closed-circuit television in a nearby room. But Gross said Hasan will be forcibly shaved before the trial if he doesn't shave himself. The judge has said he wants Hasan in attendance during the court-martial to prevent a possible appeal on the issue if he is convicted.

Gross' response also told the appeals court that his order does not violate Hasan's religious freedoms. Army rules prohibit beards, and those who join the military have agreed to give up certain personal interests over the needs of the service to maintain good order, discipline and security, according to the document.

In urging the court to deny Hasan's appeal and to allow the trial to proceed, Gross' response said that his order to forcibly shave Hasan ensures "that a military trial proceeds without a distracting and disruptive sideshow featuring an officer-accused flagrantly disrespecting the Army, his superiors, and the military judge."

The trial is expected to last more than two months at Fort Hood, about 125 miles southwest of Fort Worth.

[karek40]

I am sure there are many G.I.'s returning from the middle east who would volunteer to shave him.

[ahrats]

Does restraining an inmate so you can shave them, does this apply as a torture? If the yahoo wants the U.S. gov. to put him to death so be it, if he wants to look like a terriorist during trial that is his right as a U.S. citizen.

[w_roos]

Let's get the row on the shoad with this guy, already. Time to stop the fun and games.

[eteamer]

What has a beard got to do with justice? If you want to do something to harm him before his trial, why not rip his finger nails out or cut his tounge off. That's what they do in other countries.

[thatsbullcbs]

Douse the beard in boiling hot oil...hair will fall right on out. Technically not shaven. End of argument.

[samael2014]

"Forced shaving is not a novel concept in the military," military attorneys said in the judge's response filed with the U.S. Court of Appeals for the Armed Forces. "Army regulations expressly authorize nonconsensual haircutting and face-shaving for recalcitrant incarcerated soldiers. ... If the judge has authority to bind and gag a disruptive accused (soldier), then certainly he has authority to forcibly shave (Hasan)."

I'm afraid I'm missing the logic in this explanation entirely. The authority to bind and gag a disruptive accused soldier -- in the courtroom, I would imagine, and not just for the hell of it outside of the courtroom -- has to do with maintaining order I believe. Where does forcibly shaving someone fall under maintaining order in the courtroom? Does that come with forcibly making someone swear an oath to the bible. Under the just for hell of it military courtroom doctrine?

Is that similar to saying your at war with a country when you invade and occupy their country and kill civilians. Or using predator drones to fly into another country and kill civilians and pay off their families with involuntary U.S. taxpayer dollars, violating both the civil rights of the invading country we're not at war with, and the rights of our own country to assume a democracy that Congress regulates with laws and not the President?

Are we talking about the same corruption of our Constitution?

Just for hell of it -- because you can do it, so why not?

[kb0063]

Hey he was a Major in the US Army. He knows the Rules and Regs. You can bet that he Demanded the respect of all those ranked below him ! So Force this Towel Head Lover to the ground and Shave his Head , His Face , His Ass if need be. F$ck Him and F$ck You. This POS has NO CIVIL RIGHTS.

[Montana5]

Yep, the Army has got its priorities right again. Next let's make him salute the officers comprising the court and then demonstrate he can fold the American flag in a triangle. The only thing I care that he does is request a blindfold at the appropriate time.

[Void-Master]

Actually, as a prisoner under charges, he is not permitted to salute.

[AOCGUY]

What really botthers me is that it took the Army so long to figure out that they had the right to make him shave. Really guys?

So what will you do tommorow when SPC Smith decides he doesn't want to shave because he is Quaker? I bet I know.

[scottyusa123]

Please oh please let me shave him with a straight razor. I will be very carefull I promise.

[BWB2020]

@SnoopKK
"...Muslims don't consider murder a sin, as long as it's done in the name of Allah.
I think their suicidal battle cry is, "God is great!"..."

So what? So-called "Christians" also don't consider murder as a sin, as long as they can invent a reason to consider the people being murdered as "the enemy".

They call it "patriotism".