Fort Hood -- An appellate court sitting in Washington D.C. has lifted the stay in the U.S. vs. Maj. Nidal M. Hasan court martial.
The Court of Appeals for the Armed Forces lifted the stay that had put the Hasan court martial on hold since Aug. 15 over whether the trial judge, Col. Gregory Gross, could order the forcible shaving of the accused against his wishes.
The CAAF did not rule whether Gross could in fact order a forcible shaving. Instead, the CAAF stated in their order lifting the stay that Gross should further develop the record whether the Religious Freedom Restoration Act applied in this court-martial and if so, could a forcible shaving still occur.
Should the trial judge eventually order a compelled shaving, the CAAF stated that defense can ask the Army Court of Criminal Appeals to review the appropriateness of the order.
The ACCA is an intermediate appellate court, which is overseen by the CAAF.
Because the stay has been lifted, Gross can again schedule hearings in the case. An appropriate release will be provided once future court dates are set.
The accused, is presumed innocent unless and until proven guilty in a court of law.