Court Ousts Judge, Shaving Order in Fort Hood Case

This undated photo provided by the Bell County Sheriff's Department via The Temple Daily Telegram shows a bearded Army Maj. Nidal Hasan,the psychiatrist charged with killing 13 people in the 2009 shooting rampage at Fort Hood, Texas.

FORT WORTH, Texas -- The military judge who ordered the Fort Hood shooting suspect's beard to be forcibly shaved has been thrown off the case, a ruling that should end lengthy delays in the trial of the Army officer charged with the 2009 rampage that killed 13 people.

The U.S. Court of Appeals for the Armed Forces ruled Monday that Col. Gregory Gross did not appear impartial while presiding over the case of Maj. Nidal Hasan.

Hasan faces the death penalty if convicted in the 2009 shootings on the Fort Hood Army post in Texas that killed 13 people and wounded more than two dozen others.

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.

Fort Hood officials said late Monday that 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 Monday's ruling to the U.S. Supreme Court.

Hasan appealed after Gross ordered that he must be clean-shaven or be forcibly shaved before his military trial, which had been set to begin three months ago. It has been on hold pending the appeals.

An Army appeals court upheld the shaving requirement in October. But Monday, the U.S. Court of Appeals for the Armed Forces said the command, not the judge, is responsible for enforcing grooming standards.

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 was true.

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.

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Military Justice Maj. Nidal Hasan
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