By: Chris Cheng
FORT HOOD – Proceedings in the pre-trial hearings for accused Fort Hood shooter Major Nidal Hasan resumed, Thursday, and took an unexpected turn at the start.
Hasan, for the first time, broke his silence when asked about his beard.
Trial Judge Gregory Gross began Thursday's hearing by holding the Army major in contempt and asked him if he wanted to speak.
In previous hearings, Hasan usually denied and had his lawyers speak on his behalf but today he spoke saying in part:
"In the name of the almighty Allah, I am Muslim. I believe my religion requires me to wear a beard. I am doing this as a sign of my faith. I am not trying to disrespect you or this court. When I stand before God, I am responsible for all my actions," Hasan said.
The judge noted his statement and proceeded to hold him in contempt.
The Army psychiatrist was fined $1,000 and barred from the courtroom.
Judge Gross then announced he would order the forceful shaving of Hasan at a hearing next week.
This will put another delay on the trial date because the defense has the ability to appeal that decision with the Army Court of Appeals.
On Monday, the military's highest court, the Court of Appeals for the Armed Forces ruled that Hasan's attorneys could file an appeal should Judge Gross order a forceful shaving.
This means the trial date could be moved back several weeks as the beard issue works its way through the various courts of appeals.
Judge Gross said he would hear arguments from both sides, at a hearing next Thursday, about the beard and its relation to the Religious Freedom Restoration Act.
Gross noted it will be the defenses burden to prove that an order of forceful shaving violates the act and is unconstitutional.
The defense hinted they may call a witness to testify about the religious express at that hearing.
Also today the judge noted that he wanted to work through all pending motions before Hasan would enter a plea.
Hasan faces the death penalty if convicted in the November 2009 attack that killed 13 and wounded more than two dozen others on Fort Hood.
