FORT WORTH, Texas (AP) — The military judge who ordered the Fort Hood shooting suspect’s beard to be forcibly shaved has been thrown off the case, but the ruling ends lengthy delays in the trial of the Army officer charged with the 2009 rampage that killed 13 people.
The U.S. Court of Appeals for the Armed Forces ruled Monday that Col. Gregory Gross did not appear impartial while presiding over the case of Maj. Nidal Hasan. Hasan 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.
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.
Fort Hood officials said late Monday that 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 Monday’s ruling to the U.S. Supreme Court.