After many delays, the Army psychiatrist charged in the 2009 …
A judge Wednesday decided the Fort Hood shooting suspect still …
The Army psychiatrist charged in the deadly Fort Hood shooting …
Advertisement
Judge rules Hasan must shave beard
Ruling could delay Fort Hood murder trial
Updated: Thursday, 06 Sep 2012, 5:40 PM CDT
Published : Thursday, 06 Sep 2012, 12:38 PM CDT
FORT HOOD, Texas (AP) — A military judge says the Army psychiatrist charged in the 2009 Fort Hood shooting rampage must be clean-shaven or will be forcibly shaved before his murder trial.
Col. Gregory Gross issued the official order Thursday after a hearing to determine whether a federal religious freedom law applied to Hasan's case.
Hasan says he grew his beard because his Muslim faith requires it. Army regulations ban beards.
Gross ruled the defense didn't prove that Hasan is growing a beard for sincere religious reasons.
Gross also says his order triggers another delay in all proceedings related to Hasan's trial because his attorneys plan to appeal.
Hasan faces the death penalty if convicted of 13 counts of premeditated murder in the November 2009 attack on the Texas Army post.
Hasan told the judge last week that he grew a beard because his Muslim faith requires it, not as a show of disrespect. Hasan previously appealed after Gross said he would order him to be shaved if he did not get rid of the beard himself before the trial. Gross said he wants Hasan in the courtroom during the court-martial to prevent a possible appeal on the issue if he is convicted.
The Army has specific guidelines on forced shaving. A team of five military police officers restrains the inmate "with the reasonable force necessary," and a medical professional is on hand in case of injuries. The shaving must be done with electric clippers and must be videotaped, according to Army rules.
Last week the U.S. Court of Appeals for the Armed Forces ruled that Hasan's appeal was premature because Gross has not issued a definitive order. But the court said that if Gross issues that order, Hasan would be able to appeal first to the Army Court of Criminal Appeals. That would halt proceedings in the case before he has entered his pleas to any of the charges.
Gross is expected to rule Thursday that the Religious Freedom Restoration Act of 1993, which is aimed at preventing laws that hinder the exercise of religion, does not trump Army regulations designed to maintain order and discipline — including the ban on beards. However, if Gross rules the federal act takes precedence and doesn't order the shaving, Hasan would enter his pleas and a trial date would be set, according to Fort Hood officials.
The judge cannot accept a guilty plea for the premeditated murder charges, because the government is seeking the death penalty against Hasan. At a hearing last month, Hasan indicated he wanted to plead guilty to the attempted premeditated murder charges, according to discussions about a defense motion.
Opinions that are derogatory, attack other users or are offensive in nature may be removed. KXAN is not responsible for the content posted in this comment section. We reserve the right to remove any offensive or off-topic remark or thread. To mark a comment for review by a moderator, click "Report Abuse."
Email This
Print This
View Story on a Single PageAdvertisement
Advertisement
Advertisement