Military judge gets kicked out of Ford Hood case
Source: Agencies |
December 5, 2012, Wednesday
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A US military judge has been thrown off the Fort Hood deadly shooting case after an appeals court found his treatment of the suspect, including an order to have the man forcibly shaved, indicated a lack of impartiality.
It was not clear what impact the US Court of Appeals for the Armed Forces ruling on Monday would have on the long-delayed military trial of Major Nidal Hasan. The Army psychiatrist is charged with 13 counts of murder in the 2009 shooting rampage.
Hasan appealed after Colonel Gregory Gross ordered he must be clean-shaven or forcibly shaved before his trial, which was supposed to begin three months ago. It has been on hold pending the appeals. Hasan has argued his beard is required by his Muslim faith. Facial hair violates Army regulations.
An Army appeals court upheld the shaving requirement in October, but the appeals court said the command, not the judge, is responsible for enforcing grooming standards.
Gross had repeatedly said Hasan's beard disrupted court proceedings, but the military appeals court ruled evidence was lacking to prove it.
"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.
Gross found Hasan in contempt of court at six pretrial hearings because of his beard and sent him to a trailer to watch the proceedings on a closed-circuit television. The appeals court's ruling also vacated the contempt of court convictions.
The court said it was not ruling on whether the judge's order violated his religious rights.
Fort Hood officials said proceedings in the case will resume after a new judge is appointed.
It was not clear what impact the US Court of Appeals for the Armed Forces ruling on Monday would have on the long-delayed military trial of Major Nidal Hasan. The Army psychiatrist is charged with 13 counts of murder in the 2009 shooting rampage.
Hasan appealed after Colonel Gregory Gross ordered he must be clean-shaven or forcibly shaved before his trial, which was supposed to begin three months ago. It has been on hold pending the appeals. Hasan has argued his beard is required by his Muslim faith. Facial hair violates Army regulations.
An Army appeals court upheld the shaving requirement in October, but the appeals court said the command, not the judge, is responsible for enforcing grooming standards.
Gross had repeatedly said Hasan's beard disrupted court proceedings, but the military appeals court ruled evidence was lacking to prove it.
"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.
Gross found Hasan in contempt of court at six pretrial hearings because of his beard and sent him to a trailer to watch the proceedings on a closed-circuit television. The appeals court's ruling also vacated the contempt of court convictions.
The court said it was not ruling on whether the judge's order violated his religious rights.
Fort Hood officials said proceedings in the case will resume after a new judge is appointed.
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