12/03/2012
2 charged in Coast Guard death
Court removes judge from Fort Hood shooting trial
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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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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