Judge ousted in Fort Hood shooting case amid beard debacle

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

FORT WORTH, Texas The U.S. military's highest court ousted the judge in the Fort Hood shooting case Monday and threw out his order to have the suspect's beard forcibly shaved before his court-martial.

The U.S. Court of Appeals for the Armed Forces ruled that Col. Gregory Gross didn't appear impartial while presiding over the case of Maj. Nidal Hasan, who faces the death penalty if convicted in the 2009 shootings on the Texas Army post that killed 13 people and wounded more than two dozen others.

But the court said it was not ruling on whether the judge's order violated Hasan's religious rights. Hasan has argued that his beard is a requirement of his Muslim faith, although facial hair violates Army regulations.

"Should the next military judge find it necessary to address (Hasan's) beard, such issues should be addressed and litigated anew," judges wrote in the ruling.

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Hasan appealed after Gross ordered that he must be clean-shaven or be forcibly shaved before his court-martial, a military trial.

The court-martial had been set to begin three months ago, but has been on hold pending the appeals.

In a statement issued Monday night, Fort Hood officials said proceedings in the case will resume after a new judge is appointed by the Army's highest legal branch. That indicates Army prosecutors will not appeal this ruling to the U.S. Supreme Court.

An Army appeals court had upheld the shaving requirement in October. But on Monday, the U.S. Court of Appeals for the Armed Forces said the command, not the judge, was responsible for enforcing grooming standards. The ruling said that was one example of how Gross did not appear impartial in the case.

Gross had repeatedly said Hasan's beard was a disruption to the court proceedings, but the military appeals court ruled that there was insufficient evidence to show that his beard interfered with the hearings.

Gross found Hasan in contempt of court at six previous pretrial hearings because he was not clean-shaven, then sent him to a nearby trailer to watch the proceedings on a closed-circuit television. The appeals court's ruling also vacated the contempt of court convictions.

At a June hearing, lead defense attorney Lt. Col. Kris Poppe said the judge showed a bias against Hasan when he asked defense attorneys to clean up a court restroom after Gross found a medical waste bag, adult diaper and what appeared to be feces on the floor after a previous hearing. Hasan, who is paralyzed from the waist down after being shot by police the day of the shootings, has to wear adult diapers - but the mess in the restroom that day was mud from a guard's boots, Poppe said.

"In light of these rulings, and the military judge's accusations regarding the latrine, it could reasonably appear to an objective observer that the military judge had allowed the proceedings to become a duel of wills between himself and (Hasan) rather than an adjudication of the serious offenses with which (Hasan) is charged," judges wrote in the ruling.

[TexasNomad]

Just shoot the SOB.. he's not worth the cost of a trial and years of being fed and housed.. a bullet is a lot cheaper.. just put it between his eyes next time..

[stopkillingourwilderness]

wow, you really have to worry about the intelligence of a judge who, when faced with evidence, witness testimony, rules of procedure, and other critical pieces of a very serious trial, is completely obsessed with a beard. really? it's that distracting? why? do your job, judge, and leave the fashion policing to TMZ.

[trs89]

The problem is he is still in the military and he has to follow all military standards regarding facial hair and length of hair. If he wants a stache he can have one as long as it meets military regulations.

[djseavy]

It might seem like his rights are given more weight than the victims, but here's why everything must be done according to the Rules. If he's convicted, and I'm certain he will be, the trial and verdict has to hold up to review. Yes, it's a military court, but in the end, the SCOTUS will likely review the case. This is why it's vital that procedures and policies are followed closely, so it isn't overturned on some technicality. Remember the innocent people being released from death row? This is a military action, but any court can screw up. It's hard to set emotions aside and deal with law, but if emotions ran any court, we'd all be in trouble.

[judymar14]

I don't see what his beard has to do with his trial, if nothing else it makes him look even more like the terriost he is. Saying that, with our so called justice system his human rights will come first, not the right the victims had to live, nor their families who lost their loved ones who will have to watch this trial go on for months. A nother kick in the butt, their taxes will help pay for this farce. I can't see an impartial judge nor jury chosen who could watch this monster sit in court day after day knowing what he did? I can also see appeal after appeal after he gets the death sentence that he can't be executed because he is paralyzed. And will sit on death row 20-30 years with appeals for everything under the sun. He will end up dying a natural death in his sleep. Justice?? Not this country.

[judymar14]

XTHES

Thanks for the info. I should have known it would have differnt rules.

[Xbeing]

All the rules are different. For him to receive the "Death Penalty", the President must sign the order or commute. It also requires the accused to convicted of no less than 15 offenses.

Since the President is the Top Dog of the military, it falls to him to have the ultimate say.

So expect him to get a life sentence (which could allow him to go free after 10 years).

[enaid3]

For starters, give him a good swift kick in the ass! Then hold him down and shave that ugly face. Then they should set up the firing squad and let them go at him! Then they can burn him in a pile. HOW'S THAT FOR POLITCALLY CORRECT?????

[bshall]

For goodness sake why don't they let a beard become an issue and spend a
another million on that. Honestly I will never understand the justice system. The man did the shooting and the system says he deserves a trial, well since they know he did it, have a trial and get it over with. Why all the witnesses and a long drawn out affair.

[jnostromo]

He's a vermin terrorist, he has no rights...put a bullet in his brain now and save the taxpayers money...

[knucklecheese]

If you're ever accused of a major crime, well execute you without due process as well. Sound good? 1d1ot...

[Xbeing]

Knucklecheese, you confuse civilian laws with military laws. They do not have the luxuries enjoyed by citizens, mainly because unlike others, they took an oath prior to enlistment.

The fact that you take lightly their charge, or the fact that he purposely shot and killed several soldiers that trusted him, along with the obvious violating his own oath.

It's not a "major" crime, it's defined by law as a capital offense.

[Noval53]

Hasan is a terrorist. His US citizenship should be revoked and then he should be hung by the neck until dead. This show trial garbage is torture to the surviving families of those he murdered. Our lack of justice system is severely broken. It serves the criminals; not those law enforcement is sworn to "serve and protect".

[knucklecheese]

If he's found guilty I agree he should see the end of a rope, but just for the heck of it, why don't we adhere to the Constitution and give him a trial first. I know it's a pain, but these annoying little details are what separate us from the third-world.

[dubedoo]

I agree, let's give him a FAIR trial and THEN hang the guilty BASTA*#@D ...........

[ammo17]

is this the same photo he used when he got his military i.d. this guy is making a complete joke of our justice system.