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Another delay in trial for accused Fort Hood shooter

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    Suspect refuses to shave his beard

  • Duration 2:40
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Peter J. Johnson, Jr.

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Get this there's another delay -- the accused Fort Hood shooter -- this time.

It's a third time by the way the proceedings have been put on hold due to the defendants refusing to shave his beard he's siding religion as the reason so.

How does this happen I don't we -- that Fox's legal analyst Peter Johnson juniors here at the details military -- court.

Military court new sales under what they see the army says you can't have facial hair while in uniform.

And major Nadal son says.

I have a premonition of -- certainly does because he's facing the death penalty.

For the death of thirteen people in the wounding of more than two dozen.

And he's saying my religion comes first let me Wear my beard even though I wasn't wearing the beard at the time my allegedly killed and wounded all these people.

And that my Muslim religion demands that I Wear the beard.

The army is saying no you'd disruptive of the preceding.

Were holding contempt refining -- thousand dollars he's appealed to the US the Court of Appeals for the Armed Forces.

They stayed the trial if he stayed for a couple of months it's been delayed.

Delayed delayed the families are going nuts they're saying when -- Libby justice for our loved ones in this case.

So it comes down to constitutional issue is.

Is there -- compelling state interest.

By which his so called free exercise of religion.

Could be limited because we know -- -- public if you have a a priest collar.

If it if you have certain -- where those -- you can Wear those things the difference is the army says you can't Wear a beard and they say.

You can't where did not because of religion.

But because of morale discipline.

Army integrity next step they -- down -- shave it off at fort that is that would be -- next step but the problem is.

And he knows what the problem is in my view that sends a signal to the Muslim world that somehow the yet.

The the armies engaged in these brutal tactics against its Muslim.

War here.

Who was in the year allegedly of the of of well -- he was killed and blown up by a drone.

They say all what are you doing to this poor guy.

So we're looking for sensible solution that balances constitutional interests and the constitution is -- play with the desire to write this thing ahead.

Quickly in my do.

And let you.

The quote the -- the Court of Appeals should say she gave them.

Because there is a compelling state interest.

It's it's hard to imagine the terrorist groups being more militarized by how we teach the terrorists but -- never know.

Peter Johnson junior thanks so my suggestions for the families let's move ahead the two.