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When will Nidal Hasan be tried?

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    Because You Asked: Delay in trial for accused Fort Hood gunman

  • Duration 3:27
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So we're hearing this morning for the Fort Hood shooting suspect major Nadal has on his back before a military judge.

To decide whether or not his trial is delayed get this her son's appearance.

All depends on whether or not he still has a beard the facial hair postponing a hearing earlier this month because that.

Violates army regulations he's charged with killing thirteen on post at Fort Hood in November 2000.

That brings us to be -- because US style everything if their rights of following.

One will be alleged Fort Hood killer major Nadal Hasan be tried that answer is elusive at the moment.

Charles Sculley stimson -- former deputy assistant secretary of defense for.

Detainees chief of staff senior legal fellow for the -- foundations -- Sorry -- good morning to you.

Ago so the guy showed up record the beard do you see that as an utter defiance.

It might be might be -- it wants to grow a beard he thinks he has a legitimate reason to do so.

And some folks who have a legitimate reason even when they're on active duty to the judge sort it out -- he's still wearing an army uniform right.

Yes he has it on active duty therefore subject to the jurisdiction.

The military justice system.

And people do you have legitimate reasons either religious or physical reasons -- in brown hairs or something to.

Have a -- even while in uniform.

The question here is whether he's using it for other reasons and the judge will deliberate and figure out.

Whether he has a -- And there's the question there whether and I sentence trying to send some sort of singular or -- -- probably hear -- defense team wants to -- this trial.

Until at least December.

That will be a more than three years.

Since the victims were taken down at Fort Hood.

What kind of justice is that.

Well slow justice.

The capital litigation which is ongoing at Fort Hood.

Is only one of fifty capital cases that the military has tried since the reinstatement of the death penalty in 1976 we had a pretty abysmal record.

In the military justice system in terms of cases being overturned and so the judge is gonna.

Take his time and I listened to the defense request the government requests and then.

The judge ultimately will decide when the trial should take place do you think we're gonna learn more about his connections from -- blocking.

-- after well they are exchanging emails.

Several doesn't have a players.

Yeah I get it but put yourself in the in the place of the prosecution for a minute bill and it.

This is not a who done it.

The question is what level or degree of culpability should he have should -- should have -- it should the jury focus on.

Now -- she's presumed innocent until proven guilty beyond a reasonable doubt but.

Is it even relevant as a legal matter to introduce that because.

Why he did it is not an element of the crime the fact that he did it or didn't do it is the question that -- has to decide so that.

Prosecution I think at least to date has decided it's not relevant.

And -- -- -- not gonna turn over all of the evidence that is unrelated to the actual crime really set their position.

When I accept that we're gonna watch is gonna get a lot of attention to -- it's able to proceed him today or not.

-- Kelli thank you Kelly -- on that will be in touch with you to our viewers -- foxnews.com is the email.

Also on Twitter at Bill Hemmer you can file right now we just need one line with a question mark.

Then we'll get to it thanks lines are right.

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