Military Judge Ignores Hasan's Beard

Ft. Hood massacre suspect Maj. Nidal Hasan made his initial appearance ??before the new judge assigned to his case, and for the first time in six months, the hearing did not turn into a fight over Hasan's full beard, 1200 WOAI news reports.

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? Hasan is charged with killing 13 people and wounding 32 and faces the possibility of execution if convicted.? But his trial for the shooting spree at the post, which took place in November of 2009, has been delayed for six months due to the dispute over Hasan's beard, which is a violation of Army grooming regulations.

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? Ft. Hood spokesman Chris Haug told 1200 WOAI news that the issue was passed over today after Col. Tara Osborn, the new judge, briefly asked Hasan about it.

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? "She asked Hasan if he wore the beard of his own free will, and if he agreed to waive issues surrounding the beard," Haug said.? "Hasan asked both questions in the affirmative."

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? Haug said Hasan also agreed not to contest his beard during the selection of a panel, the military term for the jury, which will hear his case.? Army prosecutors have argued that Hasan must shave because the officers who will make up the panel will look down on a fellow officer who appears 'out of uniform' during a court proceeding, and that could be grounds for an appeal of a guilty verdict.

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? The top military appeals court earlier this month removed the previous judge who had handled the case from the beginning, claiming that he had shown indications of bias against Hasan.? One of the reasons the court cited was Col. Gregory Gross' constant criticism of Hasan for wearing the beard into the courtroom, repeatedly calling it 'disruptive' and holding Hasan in contempt of court and six times fining him $1,000.? Gross even threatened to have Hasan 'forcibly shaved' if he refused to shave.

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? The court said there was no indication that Hasan's beard had disrupted the court proceedings, and said the issue of whether a soldier is out of uniform or is in violation of grooming restrictions is a matter for the post commander, not the trial judge.? The appeals court did not specifically rule on Hasan's request for an exemption to keep the beard, which he said he grew in line with the tenets of his Muslim faith.

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? Haug says Osborn indicated a desire to get Hasan's court martial back on track, ordering the lawyers in the case to work through Christmas to come up with a trial schedule.

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? "Osborn asked both parties to submit a proposed schedule to litigate these matters, which will begin in January of 2013," he said.

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? Relatives of several of the victims of the massacre have complained that constant delays are denying them justice.

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Source: http://radio.woai.com/cc-common/news/sections/newsarticle.html?feed=119078&article=10648997

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