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New Judge: Fort Hood Shooter Can Keep His Beard During Military Trial

Dec. 19, 2012 9:56am Erica Ritz

Judge: Fort Hood Shooter Nidal Malik Hasan Can Keep His Beard

In this courtroom sketch, U.S. Army Maj. Nidal Hasan, center foreground with back showing, is seen sitting between members of is defense team during a hearing in Fort Hood, Texas, Tuesday, Dec. 18, 2012. (Photo: AP)

(TheBlaze/AP) — The Army psychiatrist charged in the deadly Fort Hood shooting rampage apparently will be allowed to keep his beard during his military trial, after a new judge indicated Tuesday that she won’t force him to shave.

The previous judge’s order requiring Maj. Nidal Hasan to be clean-shaven or be forcibly shaved before his trial had tied up the case for more than three months, but an appeals court ousted that judge earlier this month.

The new judge overseeing Hasan’s case told him during a hearing Tuesday that the beard, now thicker than when he first appeared in court with it in June, violates Army regulations. The judge, Col. Tara Osborn, said she won’t hold it against him– but that military jurors might.

Hasan answered “yes, ma’am” when Osborn asked if he grew the beard voluntarily. In a previous court hearing, he said he grew the beard because his Muslim faith requires it and not as a show of disrespect. Osborn asked defense attorneys to draft jury instructions about the issue.

Jurors likely will be told not to consider Hasan’s appearance when deciding on a verdict.

This April 9, 2010, file photo released by the Bell County Sheriff’s Department shows U.S. Major Nidal Hasan at the Bell County Jail in Belton, Texas. (Photo: AP)

Hasan, 42, an American-born Muslim, faces the death penalty or life in military prison without parole if convicted in the 2009 rampage that killed 13 and wounded more than two dozen others on the Texas Army post.

Osborn was appointed to the case two weeks ago, after the U.S. Court of Appeals for the Armed Forces removed the former judge and tossed his order regarding Hasan’s beard. The ruling said Col. Gregory Gross did not appear impartial while presiding over Hasan’s case and that the command — not a judge — is responsible for enforcing military grooming standards.

This undated file photo provided by the Bell County Sheriff’s Department via The Temple Daily Telegram shows Nidal Hasan, the Army psychiatrist charged in the deadly 2009 Fort Hood shooting rampage. (Photo: AP)

Hasan’s trial date still hasn’t been set. Osborn first has to rule on several pending motions. Defense attorneys also want Osborn to reverse Gross’ rulings on nearly two dozen earlier motions, including requests for change-of-venue, a couple of experts and some investigative reports.

Defense attorneys also said they will again ask that Hasan be allowed to plead guilty. At an August hearing, Gross said he was not able to accept a guilty plea on the 13 charges of premeditated murder, because Army rules prohibit a judge from accepting a guilty plea in a death penalty case.

Hasan also is charged with 32 counts of attempted premeditated murder.

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Comments (100)

drrgb
Posted on December 19, 2012 at 1:39pm
Obama is trying to screw up the military the same way he has done with the economy. Hard to tell if he is purposely intent on destroying this country, just grossly incompetent, or both.

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drrgb
Posted on December 19, 2012 at 1:36pm
Isn’t political Correctness what got us into this mess in the first place? Maybe Obama will approve this murderer for a purple heart.

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omgfolks
Posted on December 19, 2012 at 1:35pm
You have got to be kidding me.. FIRST OFF THIS IS NOT OBAMAS FAULT for all you moronic haters out there that is willing to blame their own stupidity on Potus no matter who sits in the office. WHY THE HELL HAS THE MILITARY NO G-I- Partied this terrorist and gotten him ready for trial. This lame as judge who is allowing this should be removed from the legal community forever. What is wrong with this nation is there are far to many whiners both Republican and Democrats who would rather surrender that fight.

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integrican
Posted on December 19, 2012 at 1:24pm
What a great handle to use to drag him to the electric chair, gallows, firing squad, or injection gurney!!!

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arkay
Posted on December 19, 2012 at 1:16pm
Who gives a dam what he look like…he is an ugly devil that must be executed ASAP….he killed 13 people in cold blood…nowhe should die by injection, slowly if possible….get the deed done

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mom4times
Posted on December 19, 2012 at 12:24pm
I am a big for the death penalty…..but not in this case…..i would say……let him grow his beard as loooong as he wants……sentence him to life……no tv in his cell…..a little prayer rug for his religion and a healthy dose of pork&beans for the rest of his life

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Tom70
Posted on December 19, 2012 at 12:05pm
Is this one of Obama’s judges? Who cares if this terrorist has a beard or not. Just finally get on with it and God I hope the military still hangs or shoot terrorists convicted of mass murder. In my opinion these so called Muslim extremists not terrorists need to be publicly hanged with a nice un cooked pice of bacon stuffed in his mouth so he can get all those virgins and remains in hell for eternity.

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jblovesAmerica
Posted on December 19, 2012 at 12:00pm
If the defendant in this crime were an anglo and grew a beard would the same laws/rules apply. I think not.
This Terrorist has been in the Army for how long with no beard-and now it becomes part of his religion.
once this POS gets to Leavenworth-I’m sure he will shave from the shoulders up.

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getourcountryback
Posted on December 19, 2012 at 11:55am
I think he should have his beard forcibly removed; start right at the base of his neck with a dull knife. When done, hold the product in your left hand and post it on YouTube, just like they did to Daniel Pearl.

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thegreatcarnac
Posted on December 19, 2012 at 11:55am
Words cannot express the hate I have for most of our court system. It is eat up with leftist who will let the guilty go because of some made-up lib, generated technicality. The US courts system is corrupt. Some verdicts are simply unbelievable. Federal judges are dictators and they disregard the constitution. Their decisions are simply stupid and boggle the mind. They have too much power and so does the Supreme Court.

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Kumo
Posted on December 19, 2012 at 11:47am
This is total BS! He is still on the ARMY payroll and he should still be required to abide by AR-670-1!

I remember seeing this BLUE FALCON walking through the halls during my duty at the old WRAMC, he had to abide by the rules for “Wear and Appearance of Army Uniforms and Insignia” back then, I don’t see why he should be given any leniency, especially now!

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LukeAppling
Posted on December 19, 2012 at 11:38am
Why do we allow this terrorist to mock us? If this were reversed in his court he would be beheaded.
I find it odd Obama never once mentioned this mass murder during his tearless Newton photo op.

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demsrtraitors
Posted on December 19, 2012 at 11:24am
What a mockery of our Nation, our laws and our Military. Can you imagine an Enlisted White soldier under charges and refuses to shave?

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LFreeman
Posted on December 19, 2012 at 11:07am
I have an overwhelming feeling that Obama will do something else despicable with regard to this piece of filth. The first was declaring his hate crime to be workplace violence. Man of the Year my ass.

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FlagWavingPatriot
Posted on December 19, 2012 at 11:06am
Judges in this country are about as crazy as Hasan himself. Political correctness is a cancer. And it appears to be terminal.

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paulusmaximus
Posted on December 19, 2012 at 10:58am
I say let him keep the beard and fry him it would be funny when it went up in flames!

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Simonne
Posted on December 19, 2012 at 10:56am
Terrorists always have more rights than most of us. PC at its worse.

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PapaJohannesPatriot
Posted on December 19, 2012 at 10:55am
What is taking so long? Plenty of witnesses saw him commit this terrorist attack. Get the trial underway and get the firing squad ready.

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banjarmon
Posted on December 19, 2012 at 10:54am
Cement shoes and let him swim with osama!!!

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- Steel
  Posted on December 19, 2012 at 4:38pm
  Stupid woman judge! She ought to go “swimming” with this killer too! The Army knew up front that she’d change the decision. That’s why no one in the military has a chance at justice, just as in civilian courts. There’s no doubt in my mind that obama had a hand in selecting this idiot judge to replace one that believe in true justice. This traitor killed Americans with malicious aforethought. He has no right to hide behind his religion now. He gave up those rights when, while in a uniform of the United States Army, he murdered and maimed members of our armed forces. As for me, I believe some righteous avenger should kidnap this jerk, tie him up by his heels, slit his throat and let him bleed out in, just like a farmer would do to any pig! Instead, this poor excuse for a human being will spend the rest of his life in a prison, unnecessarily expending taxpayer dollars for his keep, and for growing his flea-ridden beard, while this animal laughs at us all and prays on his little rug to his false prophet. We have all this to thank for due to this far left wing loon judge and the government she represents. There is NO justice for the innocent – only for the criminals and their lawyers.
  
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mountainbiker
Posted on December 19, 2012 at 10:54am
The Judge is right, lets get on with the Trial so that we can find him guilty and put him in front of a firing squad. Come to think of it we should put the execution on national T.V. so that the whole world can watch. The only thing these animals understand is force. This particular animal should have been tried, convicted and executed 2 years ago.

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redsred
Posted on December 19, 2012 at 10:53am
someoone give me the odds on the following:

the jury says guilty, death penalty
the female pc advocate says, no execution, prison only.

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ellietoo
Posted on December 19, 2012 at 10:45am
No, I would never notice a beard on a military Muslim that is on trial for the murder of 13 people while on base. If someone told me not to take any note of the beard I would not even be able to see it anymore!

I’m sure the Obama regime is in on this also. We have to treat Muslim murders with extra care and compassion!

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Tri-ox
Posted on December 19, 2012 at 10:45am
Oh yes – we mustn’t upset our muslim enemies – no matter how many people they murder.

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barber2
Posted on December 19, 2012 at 10:40am
Hey, guys, remember: this is the new, the ” changed, ” the Obama US military: all touchy, feely, and sensitive ! ( remember what al Qaeda said ? That old ” you love life; we love death ! ” ) This guy is playing with the court the way the Chicago radicals are playing with the Republicans ! So much hate and anger makes for some nasty , dysfunctional behavior )

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- rickc34
  Posted on December 19, 2012 at 5:45pm
  They just need to execute him already for his crimes.
  
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- pavepaws
  Posted on December 19, 2012 at 8:41pm
  He can still be executed, beard or no beard.
  
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- Rational Man
  Posted on December 20, 2012 at 12:25am
  facebook post from Allen West today,
  
  Today the Army decided to seek the death penalty in the case of SSG Bales who murdered civilians in Afghanistan.
  
  Three weeks ago the Army relieved the Military Judge from the Maj Nidal Hasan case and decided Hasan could keep his jihadist beard. You’ll recall Maj Hasan shot 43 American soldiers and Department of the Army civilians, killing 13 three years ago and yet we are still nowhere close to a trial.
  
  A Marine combat veteran sits in a Mexican jail on bogus charges and the State Department tells the parents they can do nothing…and the White House Press Secretary has never heard of it.
  
  This is the crazy, mixed-up world we live in. And America just voted for four more years.
  
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moreteaplease
Posted on December 19, 2012 at 10:39am
Okay, so now our military regs take a back seat to PC and the Muslims.

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- RobertHere
  Posted on December 19, 2012 at 1:45pm
  Our Officer Corp has been reduced to Cartoon Characters. Better dead GIs than to lose our diversity?
  Two Bushes, one Clinton and Oh!Bama have done their worst. The War against America as a nation, our Constitution and the rule of law continues and we are losing.
  
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- happygranny
  Posted on December 19, 2012 at 4:51pm
  Of course they do! Haven’t you been following the Obama administration and the systematic weakening of our country/military/morals. His entire goal is to destroy us all, one idiotic movement after another.
  The shooter is still in the military and therefore bound by military law in being in proper uniform, that also means no beard! The last judge should have called for an imediate courtmarshall, stripped him of his rank and pay, and into the brig he would go. No one has any guts any more.
  
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- toto
  Posted on December 19, 2012 at 9:39pm
  Obama and the Islamists have subverted our military and legal system. Insanity rules. This judge is disgusting AND unAmerican.
  
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