Appellate court orders Hasan court martial stayed until further notice
FORT HOOD, Texas -- Military Judge Col. Gregory A. Gross in the case of United States vs. Maj. Nidal M. Hasan began Aug. 15 with the accused appearing unshaven in court. Gross again held a contempt hearing and fined the accused $1,000.
Gross next considered briefings from both parties and ruled that Article 45(b) of the Uniform Code of Military Justice is neither unconstitutional nor infringes upon Hasan's rights under the Religious Freedom Restoration Act.
Article 45(b) prohibits a military judge from receiving a guilty plea from an accused to any offense for which the accused could be sentenced to death.
Additionally, Gross denied a defense motion that the general court martial convening authority, Lt. Gen. Donald Campbell, Jr., and his Staff Judge Advocate, Col. Stuart Risch, should be disqualified from their roles in this case.
Gross had next scheduled for Hasan to enter pleas to the charged offenses of thirteen allegations of premeditated murder and thirty-two allegations of attempted premeditated murder.
Before that occurred, however, the parties and the court received an order from the Court of Appeals for the Armed Forces. The CAAF ordered the proceedings stayed until further order by that court so the appellate court could consider if Gross can order the accused forcibly shaved.
The CAAF is the highest level appellate court in the military, is made up of five civilian judges, and oversees military justice for all armed forces.
The accused is presumed innocent unless and until proven guilty in a court of law.
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