Judge holds Major Hasan in contempt again
Rules on several motions, sets A39a hearing for Thursday

FORT HOOD, Texas -- Maj. Nidal M. Hasan was back in court Aug. 30 where his defense counsel and government prosecutors argued various matters to Col. Gregory Gross, court-martial judge. 

The proceeding began with the judge holding a contempt hearing for Hasan appearing at the court-martial wearing a beard.  Hasan spoke in his own defense before Gross. The judge found Hasan in contempt of court for refusing to shave, fining him $1,000 the maximum fine allowed for contempt.

After the contempt hearing an Article 39a (pre-trial) hearing was held. Defense argued to limit victim impact and other types of sentencing evidence in the case and to change the rules over how the court-martial will consider such evidence.  Prosecutors argued that defense was trying to shield Hasan from his own alleged misconduct.  Gross deferred ruling on these matters. 

Defense also argued to Gross that it was premature for him to decide what exhibits the government could use in its opening statement and what evidence the government could use to prove premeditation.  Gross agreed, and put these matters on hold until further notice. 

Gross also set another Article 39a hearing 10 a.m. Sept. 6 for the parties to present evidence and argument concerning Hasan's claim that he should be allowed, as a matter of religious freedom, to wear a beard while in uniform at his court-martial.

The accused is presumed innocent unless and until proven guilty in a court of law.