CBS/AP/ October 18, 2012, 6:46 PM

Court rules Fort Hood massacre suspect must shave beard

Maj. Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting, is seen in this undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram.

Maj. Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting, is seen in this undated file photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram. / AP Photo/Bell County Sheriff's Department via The Temple Daily Telegram

FORT HOOD, Texas An Army appeals court has ruled that the Fort Hood shooting suspect can have his facial hair forcibly shaved off before his murder trial.

The U.S. Army Court of Criminal Appeals' opinion issued Thursday upheld the military trial judge's decision to order Maj. Nidal Hasan to appear in court clean shaven or be forcibly shaved.

  • Court questions need to shave Fort Hood's suspect's beard
  • Fort Hood shooting suspect's beard becomes issue
  • Fort Hood suspect explains controversial beard
  • It also ruled that Col. Gregory Gross, the judge, properly found that the federal Religious Freedom Restoration Act doesn't give Hasan the right to have a beard while in uniform at trial.

    "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 earlier this year. "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)."

    Hasan has said the beard is an expression of his Muslim faith. His attorneys say they'll appeal the ruling.

    Hasan faces the death penalty if convicted in the 2009 attack on the Texas Army post that killed 13 and injured over 30 others.

    The beard first became an issue in June, when he surprised the judge by showing up in court with the facial hair.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
15 Comments Add a Comment
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14FREEK says:
iF HE DOESN'T SHAVE THROW HIM IN THE SHOWER ADN GIVE HIM A NAIR SCRUBDOWN. DON'T FORGET THE EYELASHES.
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lloydbest1 says:
Given this man has served in the U.S. military - without beard - since 1988, it seems a bit late in the day to pull the "expression of Muslim faith" card out at this point.

Military regs DO forbid beards so if he was so uncomfortable without one, why did he remain a serviceman so long?

They don't let Orthodox Jews wear skullcaps, so why should Hasan be allowed a beard? (forbidding both is idiocy but that's not my call)

In any case, it is far more important to try him and, if he is found guilty (pretty much a foregone conclusion), penalize him than it is to worry about some hair.....
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mollydtt says:
I have never understood why someone that joined the army can disregard the rules. Don't join the military if you want to celebrate your facial hair.
Get on with the trial and sentencing of this "alleged" killer.
His beard is the only thing keeping him from a death sentence and he knows it.
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judymar14 says:
I'm for the death penalty in this case, but think life would be justice, let the prisoners take care of him. Death would would be carried out and not with a needle in his arm going to sleep. 20-30 years on death row while appealing is not a death sentence. It's a joke!
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HAVETORIDISLAM says:
CULTIST BASTARDS!!!!
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HAVETORIDISLAM says:
LETS ASK HIM IF HE GAVE THE VICTIMS A CHOICE BEFOR HE JUDGED AND MURDERED THEM ,THEN WE CAN LET HIM CHOOSE.......not!!
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pcfpgarty says:
I would hope that shaven or not the sentence would be the same. I know that the Military has it's protocol and to those in the Military protocol is more "The Law" then simple protocol. But given the fact that this individual has broken more than protocol with his murderous premeditated deceit deserves very little , or less consideration , than that of any other criminal . The fact that so much has been made of his beard takes away the focus on his less than human behavior . Stop talking about his hair ,I don't want to hear any more about it!!
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saucymugwump says:
"Hasan has said the beard is an expression of his Muslim faith."

As soon as he realized that his faith was more important to him than his military career and his country, he should have resigned his commission, renounced his citizenship, and moved to one of the Islamist countries. But instead he killed lots of people and then whined that we were not respecting him and his religion. Shave him, try him, and hang him.
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USEagles says:
Tranq the POS and drop his worthless ass in Nair. He should have been executed the day it happened. F***ing traitors should die on the spot!!!
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USEagles says:
Tranq the POS and drop his worthless ass in Nair. He should have been executed the day it happened. F***ing traitors should die on the spot!!!
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