By: Chris Cheng
FORT HOOD - Trial Judge Gregory Gross officially ordered accused Fort Hood shooter, Major Nidal Hasan, to be clean shaven, Thursday.
Gross has been demanding that Hasan shave his beard at all previous Article 39a pre-trial hearings but the Army psychologist has refused, based on his religious beliefs.
Judge Gross said it was up to the defense to prove that Hasan was growing out the beard as a sincere religious expression.
The defense argued that Hasan had already testified that he was being sincere and that his actions were protected under the Religious Freedom Restoration Act (RFRA).
They also said that Army chaplain, Major Abdullah Hulwe, had testified that he believed Hasan was being sincere because according to Islam, men are required to trim their mustache and let their beard flow.
The government counter-argued by stating that Hasan was growing the beard to hide his identity and associate himself with the Islamic extremist, the mujahedeen.
Prosecutors said witnesses from the Article 32 hearing had some issues identifying Hasan with just a beanie on and felt it would be even harder if he had a beard.
But it would be the taped conversations between Hasan and Al-Jazeera that would influence trial judge Gregory Gross' decision.
Last July, Hasan was discussing with the media network that he regretted being apart of, what he called, an illegal organization like the Army.
He went on to say that he would rededicate himself to the faith as well as the Mujahedeen.
After a 45 minute recess, Judge Gross came down with his ruling and said while that RFRA does apply to court martial proceedings but ultimately ruled that the defense failed to meet their burden to prove that the beard should be allowed.
Gross ordered that no other court proceedings be handled until the beard issue is resolved.
If Hasan does not comply with the order, the trial judge said he would be held down and be forcefully shaved.
His attorneys will be able to appeal the ruling with the Army Court of Appeals to block the order.
If the Army Court of Appeals denies Hasan's request, his lawyers could take the case back up to the Court of Appeals for the Armed Forces.
