Hearing delayed due to Hasan's beard

FORT HOOD, Texas (KXAN) - An unexpected twist brought the pre-trial hearing of Maj. Nidal M. Hasan to a halt on Friday when the presiding military judge stated on the record the hearing could not continue because Hasan was wearing a beard. By doing so, Hasan is in violation of Army regulations and rules for court martial, according to trial judge Col. Gregory Gross.

As a result, Gross delayed pre-trial motions until the near future, when either a closed-circuit feed can be set up for Hasan to watch the hearings from outside the court room or he complies with court order to appear with proper military grooming standards.

Defense indicated their intent to file a request for exception to policy for religious accommodation to a higher command.

The motions that were scheduled for Friday were to include a new request for a further continuance, resolution of discovery matters and whether the accused should receive at government expense the expert services of a neurologist were delayed until the next Article 39a hearing.

Pending motions before the court included the resolution of discovery matters and whether the accused should receive the expert services of a neurologist at government expense.

Hasan's trial is set for Aug. 20. His attorneys sought in April to push that back to October, but their request was denied.

Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder. He faces the death penalty or life without parole if convicted in the November 2009 shootings.

Gross denied a motion in November from Hasan's defense team to recuse himself. The defense asked the judge disqualify himself from the trial since he works on the installation and was in court when the 2009 mass shooting happened.

The defense said Gross was affected by the shooting because of his close ties to the post -- adding that he has an "implied bias."

Still, the prosecution said they did not agree with the motion, saying Gross is capable of hearing the case.