The US Court of Appeals for the Armed Forces has removed Judge Col. Gregory Gross from presiding over the case of Fort Hood shooting suspect Maj. Nidal Hasan, saying any reasonable person would have doubts about his impartiality after his behavior on the case.
Maj. Hasan is facing charges related to the 2009 Fort Hood shooting spree, in which 13 people were killed. Gross had repeatedly issued contempt of court rulings against Hasan, insisting his beard was objectionable and eventually demanding he be forcibly shaved before being brought back into his court.
The court didn’t specifically rule on whether judges can order people forcibly shaved, but threw out the orders, saying if another judge makes a similar ruling, that would be litigated separately.
Army regulations forbid beards, but the court noted that enforcing military grooming standards is not up to the judge in the first place, and his obsession was the beard was a big part of why he seemed bias against Hasan. Hasan’s lawyers say he fears he may die soon, and believes it is a sin to die without a beard.
Following the Article 39(a),
UCMJ, session, the military judge went to the deliberation room
latrine. He found what he described as “what appeared to be
feces spread out on the floor” of the latrine. He then ordered
defense counsel to “[g]et someone over to the courtroom
immediately” to clean the latrine and stated that “[t]he accused
will not use that latrine again.” At each subsequent hearing,
the military judge held Appellant in contempt, fined him $1000,
and had him removed from the courtroom to watch the proceedings
by closed-circuit television.
Defense counsel also cited the latrine incident and
stated that Department of Emergency Services (DES) personnel
determined that the substance on the floor was in fact mud
tracked in by a DES guard."
what a silly farces this has been made in to.
Thanks for posting that. I googled it and saw a document on an official Army website. I had wondered why so much time and money was being spent talking about this beard…
http://www.armfor.uscourts.gov/newcaaf/opinions/2…
forgot to post it if anyone wants to read it,