A Washington, D.C. appeals court today ordered the removal of the military judge in the trial of an Army psychiatrist accused of killing 13 people in a 2009 Fort Hood shooting spree.
The Court of Appeals for the Armed Forces, hearing a long-disputed order requiring Maj. Nidal Hasan to shave a beard he grew in violation of Army regulations, found that the judge, Col. Gregory Gross, had displayed an “appearance of bias” in the case.
The court, in an opinion released late in the afternoon, ruled that “a reasonable person, knowing all the relevant facts, would harbor doubts about the military judge's impartiality.”
It threw out six contempt citations Gross had issued, but did not rule on whether Hasan had to shave.
“Should the next military judge find it necessary to address (Hasan's) beard, such issues should be addressed and litigated anew,” the court said in its opinion.
Hasan faces the death penalty for the Nov. 5, 2009 rampage that left 13 dead and 32 others wounded. He grew a beard last summer, prompting Gross to fine him $1,000 on six occasions.
Hasan said he grew the beard because of his Muslim faith. His lead defense attorney, Lt. Col. Kris Poppe, contended in a Sept. 6 hearing that Hasan's religious beliefs drove his decision to grow the beard.
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