FORT HOOD, Texas - In an Article 39A hearing July 25 in the case of U.S. vs. Maj. Nidal Hasan, the Military Judge Col. Gregory Gross began the morning with a contempt hearing for Hasan's failure to comply with Army grooming standards and appear in court clean shaven.
Gross found the accused in contempt and fined him $1,000, the maximum amount the court could impose as a fine under the court-martial contempt statute. After conducting the contempt hearing, the accused refused to voluntarily shave and watched the remainder of the hearing outside the courtroom via a close-circuit television feed. The military judge further informed the accused that if he did not voluntarily shave, Gross would likely compel a shaving sometime in the future so the accused could personally attend forthcoming court-martial hearings.
The remainder of today's hearing focused on discovery and expert matters. Gross stated he would review for relevancy an unredacted copy of the recently released William Webster report to the FBI's director. Gross also requested an update on whether the Senate maintained any notes or summary of interviews the Senate Committee on Homeland Security and Governmental Affairs may have taken or made in support of the their report on the Fort Hood shooting.
The judge also deferred ruling on whether the defense should have access to military investigations taught in a class at the Joint Forces Staff College in Norfolk, Va.
The judge took under advisement and deferred ruling on defense requested experts in religious conversion and social science methodology.
The judge did authorize further government funding for already appointed defense experts in jury selection and mitigation.
Finally, the judge also found that federal district courts have exclusive jurisdiction over matters raised under 50 United States Code Section 1806, and stated he would sign an order transferring any such matter to the federal district court in Waco.
The accused is presumed innocent unless and until proven guilty in a court of law.