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Military judge denies continuance
July 5, 2012 | News
In the case of U.S. vs. Maj. Nidal Hasan, the trial judge, Col. Gregory Gross, denied the defense request for a further continuance of trial until December and ordered that the trial will begin Aug. 20 in the Lawrence J. Williams Judicial Center Friday.
The military judge also submitted to questioning from defense counsel concerning whether he was biased against the accused, and then ruled that he was neither actually biased and that no implied bias existed. After announcement of that ruling, defense counsel stated their intention to appeal the military judge’s failure to recuse himself to the Army Court of Criminal Appeals.
In another matter, the military judge ruled that III Corps and Fort Hood’s commanding general and his staff judge advocate must make themselves available for a joint interview by defense counsel concerning the referral of this case.
The accused was not present in court Friday and continued to view court proceedings via a closed-circuit feed in a trailer adjacent to the courthouse.
The military judge announced that the accused was still not clean-shaven, as required by Army regulations. He also said the Department of the Army had declined to grant the accused a religious accommodation for the wearing of his beard, and that the Army Court of Criminal Appeals refused to hear the accused’s appeal of the judge’s decision to remove him from the courtroom because of the beard.
The judge is expected to rule on other pending motions and take up any new motions at the next Article 39a hearing, scheduled for 10 a.m. Friday.
The accused is presumed innocent unless and until proven guilty in a court of law.
The military judge also submitted to questioning from defense counsel concerning whether he was biased against the accused, and then ruled that he was neither actually biased and that no implied bias existed. After announcement of that ruling, defense counsel stated their intention to appeal the military judge’s failure to recuse himself to the Army Court of Criminal Appeals.
In another matter, the military judge ruled that III Corps and Fort Hood’s commanding general and his staff judge advocate must make themselves available for a joint interview by defense counsel concerning the referral of this case.
The accused was not present in court Friday and continued to view court proceedings via a closed-circuit feed in a trailer adjacent to the courthouse.
The military judge announced that the accused was still not clean-shaven, as required by Army regulations. He also said the Department of the Army had declined to grant the accused a religious accommodation for the wearing of his beard, and that the Army Court of Criminal Appeals refused to hear the accused’s appeal of the judge’s decision to remove him from the courtroom because of the beard.
The judge is expected to rule on other pending motions and take up any new motions at the next Article 39a hearing, scheduled for 10 a.m. Friday.
The accused is presumed innocent unless and until proven guilty in a court of law.
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