Judge removed from Fort Hood case

Published Dec 4, 2012 at 04:00AM

FORT WORTH, Texas — 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.