Originally posted by helosailor
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Originally posted by Big A View PostThis is absolutely stupid. Try him with his beard, and sentence him to death just the same. I cannot belive that our own justice system would allow the delays that have happened.
I say keep nailing him with article 15 after article 15. Take all his pay, rank and put him to labor until he shaves the damned thing. Nothing different than I've seen them do to E-whatevers (to include 5 and above) that were either major f'ups or f'ed up bad doing something.Originally posted by MR EDDU defend him who use's racial slurs like hes drinking water.
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FORT BELVOIR, Virginia (Reuters) - Defense lawyers for Major Nidal Hasan, the Fort Hood massacre suspect, told an Army appeals court on Thursday that his court martial judge had overstepped his authority in ordering him to appear clean shaven for trial.
A prosecutor, in turn, argued before the Army Court of Criminal Appeals that the court martial judge, Colonel Gregory Gross, was empowered to maintain decorum in his courtroom. Hasan is accused of shooting to death 13 people at Fort Hood, Texas, in November 2009.
Lieutenant Colonel Kris Poppe, a defense attorney, said Army regulations only allowed forcible shaving of inmates in military correctional facilities, not by a judge's order.
"Forcible shaving exceeds the authority of the military judge," he told the seven-judge appeals panel.
Poppe added that the defense did not dispute that soldiers should appear in court in proper uniform and that the Religious Freedom Restoration Act of 1993 allowed Hasan to have a beard.
Gross, a Fort Hood judge, ordered Hasan last month to shave off his beard or be forcibly shaven, ruling that it was not covered by laws protecting religious freedom. He said Army grooming regulations banning beards overrode his religious beliefs.
Hasan, an Army psychiatrist, has said he grew the beard in line with his Islamic beliefs. He faces 13 counts of premeditated murder and 32 counts of attempted premeditated murder.
Another defense lawyer, Captain Kristin McGrory, argued that Hasan's beard would not disrupt courtroom decorum. Members of the court martial panel could be instructed to ignore Hasan's appearance, she said.
But prosecutor Captain Kenneth Borgnino said that Gross's order was within his authority to maintain decorum. Hasan's refusal to appear clean-shaven in court was an inherent disruption, he said.
"This is the equivalent of the defendant coming in with a sign that says,'Eff you, judge' or 'Eff you, panel,'" he said.
Borgnino disputed Hasan's contention the beard was part of religious observance, saying Hasan had only grown it since June. A court martial that had been set for August 20 was put on hold because of the beard issue.
Hasan's lawyers also appealed contempt of court rulings by Gross.
The appeals court gave no time frame for issuing its decisions. Rulings can be appealed to the Court of Appeals for the Armed Forces.
Police shot Hasan during his alleged rampage, leaving him paralyzed from the chest down. Hasan is being held at the Bell County jail near Fort Hood and was hospitalized in late September for an undisclosed ailment.
(Reporting by Ian Simpson; Editing by Xavier Briand and Eric Walsh)
I wear a Fez. Fez-es are cool
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I was on post the day this happened. We were locked down in our trailer. I had friends in the building....and had met a few of the people who lost their lives. This is beyond ridiculous. It needs to be done with. He is guilty. for heavens sake everyone there saw him doing it. I don't understand the mentality that just because he is an officer and a muslim that hte process is this slow.
The other guy who didn't even pull off killing soilders in a resturant is already in jail.....
closing the door on this would be a great thing at this point.......
sorry if that is rambling....I am just confused as to why it is taking so long and why the judge doesn't deny more of this bs.
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Originally posted by Vertnut View PostWhy are they fucking around over a beard? Kill that sonuvabitch with a swiftness. I'm sick of them wasting my money over that cocksuckers beard.I wear a Fez. Fez-es are cool
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sweet jebus, really..... some sort of protected class now. Take him out and light him up with lead soaked in pig fat
"AP) — The military's highest court ousted the judge in the Fort Hood shooting case Monday and threw out his order to have the suspect's beard forcibly shaved before his court-martial.
The U.S. Court of Appeals for the Armed Forces ruled that Col. Gregory Gross didn't appear impartial while presiding over the case of Maj. Nidal Hasan, who faces the death penalty if convicted in the 2009 shootings on the Texas Army post that killed 13 people and wounded more than two dozen others.
But 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.
Hasan appealed after Gross ordered that he must be clean-shaven or be forcibly shaved before his court-martial, a military trial.
The court-martial had been set to begin three months ago but has been on hold pending the appeals.
In a statement issued Monday night, Fort Hood officials said 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 this ruling to the U.S. Supreme Court.
An Army appeals court had upheld the shaving requirement in October. But on Monday, the U.S. Court of Appeals for the Armed Forces said the command, not the judge, was responsible for enforcing grooming standards. The ruling said that was one example of how Gross did not appear impartial in the case.
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 his beard interfered with the hearings.
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.
At a June hearing, lead defense attorney Lt. Col. Kris Poppe said the judge showed a bias against Hasan when he asked defense attorneys to clean up a court restroom after Gross found a medical waste bag, adult diaper and what appeared to be feces on the floor after a previous hearing. Hasan, who is paralyzed from the waist down after being shot by police the day of the shootings, has to wear adult diapers — but the mess in the restroom that day was mud from a guard's boots, Poppe said.
"In light of these rulings, and the military judge's accusations regarding the latrine, it could reasonably appear to an objective observer that the military judge had allowed the proceedings to become a duel of wills between himself and (Hasan) rather than an adjudication of the serious offenses with which (Hasan) is charged," judges wrote in the ruling.
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fucking pussies. Hasan is squeezing a shit out on America's face and the government is letting him finish."When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
"A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler
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