FORT HOOD, Texas — 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.
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.
Hasan’s trial date 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 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.
As we noted before, we can only hope that this move is to
facilitate a quick decision in what should be an airtight case leading
to execution. But, let us consider the level of corruption at the
executive levels in this country and not discount the possibility that
Obama has other intentions for this killer – whom Muslims consider an Islamic hero.
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