| Reuters The issue of whether Maj. Nidal Hasan, charged with 13 counts of murder, should shave his beard resulted in a judge's removal. By Isolde Raftery, NBC News The highest military appellate court ordered on Monday the removal of the judge overseeing the trial of Nidal Hasan, an Army psychiatrist charged with killing 13 people at the Fort Hood Army base in 2009. The U.S. Court of Appeals for the Armed Forces wrote in an opinion that Col. Gregory Gross should be removed for the appearance of bias -- in part because he demanded that Hasan's beard be shaved. "The command, and not the military judge, has the primary responsibility for the enforcement of grooming standards," the court wrote in a 10-page opinion. "A military judge's contempt authority is directed toward control of the courtroom. Although the military judge here stated that (Hasan's) beard was a 'disruption,' there was insufficient evidence on this record to demonstration that (his) beard materially interfered with the proceedings." Further, the opinion stated, the judge and his family were present at Fort Hood on the day of the shootings. "While this fact alone is not disqualifying, when viewed in light of the factors identified above, an objective observer might reasonably question the military judge's impartiality," the opinion read. Related: Court rules Fort Hood shooting suspect Nidal Hasan must shave beard Army grooming standards prohibit beards but allow for religious exceptions. Judge Gross had denied Hasan's request for such an exception. He found that Hasan's claims of religious sincerity did not outweigh prosecutor's arguments that Hasan grew the beard just before his August trial date so witnesses wouldn't be able to identify him in court. Hasan, 42, faces the death penalty or life in prison without parole if convicted in the Nov. 5, 2009, attack at the Army post about 130 miles southwest of Dallas. In addition to those killed, 29 were wounded. His trial had been placed on hold pending the issue of whether he must shave his beard. His lawyers argued that he wears a beard because of he is devoutly Muslim and that requiring him to shave it would amount to religious discrimination. Monday's court opinion does not resolve the issue of his beard, however: "Should the next military judge find it necessary to address (his) beard, such issues should be addressed and litigated anew." A new judge has not been assigned to the case. The Associated Press and Reuters contributed to this report. More content from NBCNews.com:
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12/03/2012
Court removes judge from Fort Hood shooting trial
Mexican nationals charged in US Coast Guardsman's death
| AP Photo/U.S. Coast Guard/ Lt. Stewart Sibert This undated photo provided by the U.S. Coast Guard shows Chief Petty Officer Terrell Horne III, stationed on the Cutter Halibut. Horne died early Sunday from injuries sustained during law enforcement operations near Santa Cruz Island, Calif. By NBC News staff and wire services Federal prosecutors on Monday charged two Mexican nationals in the killing of a Coast Guardsman who died during a counter-drug operation off the California coast. Chief Petty Officer Terrell Horne III was killed Sunday when he was thrown off a Coast Guard cutter after a suspicious vessel rammed into it, according to a news release from the U.S. Attorney's office in Los Angeles. Horne died from a traumatic head injury. Another guardsman was treated for minor injuries. The suspects, Jose Meija-Leyva and Manuel Beltran-Higuera, were both expected to make initial court appearances in Los Angeles Monday, according to the U.S. Attorney's office. Meija-Leyva told investigators that he was the captain of the "panga" boat, the release said. A panga is an open, low-sided fishing boat that is favored by Mexican smugglers, according to The Associated Press. Early Sunday, the Cutter Halibut approached the suspicious boat, and personnel identified themselves as law enforcement, the U.S. Attorney's office said. After a confrontation that resulted in the panga's ramming the Coast Guard boat, Horne and another guardsman were thrown into the water. The panga boat fled the scene, according to authorities, but was intercepted by a Coast Guard vessel about 20 miles north of the U.S.-Mexico border. At that time, suspects Meija-Leyva and Beltran-Higuera were detained, the U.S. Attorney's office said. Watch US News crime videos on NBCNews.com Horne, 34, was a 14-year veteran of the Coast Guard. "Our fallen shipmate stood the watch on the front lines protecting our nation, and we are all indebted to him for his service and sacrifice," Coast Guard commandant Admiral Robert J. Papp told the AP. The Los Angeles Border Enforcement Security Task Force in San Pedro, Calif. is investigating. The number of suspected smuggling vessels spotted on California shores by U.S. authorities has more than quadrupled since 2008, according to the AP. The Associated Press contributed to this report. More content from NBCNews.com:
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Teen players kill soccer official
Defense posts Zimmerman photo from night of Martin shooting
| Provided by gzlegalcase.com George Zimmerman's defense team on Monday posted this photo online, which was taken by a police officer on the night of Feb. 26, 2012. By NBC News staff and wire services The defense team for George Zimmerman on Monday posted a high-resolution color photo of the Florida neighborhood watch leader taken by police the night 17-year-old Trayvon Martin was fatally shot. The Feb. 26 photo, which was previously released as a black-and-white photocopy, was provided as a high-resolution digital file to the defense on Oct. 29. The shooting took place when Zimmerman encountered Martin, who was unarmed and walking through the Sanford, Fla., neighborhood where his father lives. Earlier this year, Zimmerman, now 29, pleaded not guilty to a charge of second-degree murder in the shooting death of Martin. In the highly publicized case, which has drawn national attention, Zimmerman maintains that Martin attacked and beat him. In July, he was released from Seminole County Jail after posting $1 million bond. Zimmerman remains out on bail and is in seclusion. Martin's family has called for a change in Florida's "Stand Your Ground" law, which allows the use of force in self-defense, when there is a reasonable belief of an unlawful threat. Zimmerman's lawyers posted the following statement about the photo:
A spokesperson for the office of Special Prosecutor Angela Corey did not immediately respond to an email request for comment Monday. Benjamin Crump, an attorney for the Martin family, did not immediately respond to NBC News' request for comment Monday. However, Crump told Reuters that the photo doesn't add anything new to the case, since previously released evidence showed Zimmerman was hit in the nose during the fight with Martin. "Trayvon Martin was defending himself. He had every right to stand his ground to defend himself," Crump told Reuters. On Monday, Zimmerman's defense also filed a motion asking to re-depose police witness William Erwin, the Orlando Sentinel reported. In October, a judge ruled that Zimmerman's attorneys can subpoena Martin's schools for his discipline records but must keep anything they obtain private. Zimmerman is set to face trial June 10. Reuters contributed to this report. More content from NBCNews.com:
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Details in Belcher murder-suicide emerge as families grieve
| Frank Eltman / AP Yamiesse Lawrence, left, and Quaresha Boston, standing next to Lawrence, a cousin and niece, respectively, of Kansas City Chiefs linebacker Jovan Belcher, read a statement to the media in West Babylon, N.Y., on Monday. By NBC News and wire services After receiving a call about a disturbance involving an armed person, police officers arrived at the parking lot of the Kansas City Chiefs' practice facility, where they spotted several people. Then one of the people — who turned out to be linebacker Jovan Belcher — spotted police, and moved behind a vehicle. "From that position Belcher shot himself one time in the head," according to one of two incident reports released by the Kansas City (Mo.) Police Department on Monday. Belcher, 25, was taken to a hospital, where he died. The reports begin to piece together the events around the apparent murder-suicide by the Chiefs linebacker on Saturday. According to the Associated Press, police hope to deliver an investigative report to prosecutors Tuesday laying out what prompted Belcher to kill his girlfriend, Kasandra Perkins, who was mother of his 3-month-old daughter, and himself. "They're moving it along just like any other case," Kansas City police Sgt. Marisa Barnes told the AP. "There's a formal process it has to go through." Jamie Squire / Getty Images file Inside linebacker Jovan Belcher of the Kansas City Chiefs watches from the sidelines during his final game, against the Denver Broncos at Arrowhead Stadium in Kansas City, Mo., on Nov. 25. The other report released Monday recounts police responding to a call reporting a shooting that came in just nine minutes earlier, pointing them to the home Belcher shared with Perkins, 22. Upon arrival, they found Perkins on the floor of the master bedroom, unresponsive and suffering from apparent gunshot wounds. She was pronounced dead at the hospital. After shooting Perkins, Belcher drove his black Bentley to the practice facility, about 7 miles away, where he spoke briefly to Chiefs general manager Scott Pioli, head coach Romeo Crennel and an assistant coach, before shooting himself. Kansas City police spokesman Darrin Snapp confirmed that the gun was one that Belcher had purchased legally. Snapp also said Monday that Belcher's mother, who had been staying with the couple, was given temporary custody of the couple's daughter, Zoey, the AP reported. Perkins' family released a statement Monday. They thanked the public for an outpouring of concern and support. "Our hearts are truly broken for Kasi was a beloved daughter, granddaughter, sister, mother, cousin and friend," the statement said. "At this time we request the media respect our privacy during this difficult time as we grieve for our loved one. Please keep us in your hearts and prayers as well as the Belcher family for two lives were lost." Perkins was a cousin of Chiefs running back Jamaal Charles' wife, Whitney, and it was through Whitney that she met Belcher, a friend told the AP on Sunday. Jamaal and Whitney Charles also released a statement. "Our family has suffered a personal tragic loss...." they said. "Kasandra was not only family, but a friend and a loving mother. As my actual family and my Kansas City Chiefs family have been altered forever, we ask that you keep us and most importantly their child in prayer." NBC News' Kari Huus contributed to this report. More content from NBCNews.com:
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