Delay Caused By Judge's Recusal Daunting For Shooting Survivors - kcentv.com - KCEN HD - Waco, Temple, and Killeen

The judge in accused Fort Hood shooter Nidal Hasan's case is forced to step down, and now shooting victims are speaking out about the drawn out trial.

The military's highest appeals court found that the judge appears to be biased, now a new judge must be brought in to take over.

"I'm just angry, I'm really angry right now," said shooting survivor Chris Royal as news of yet another set back in the case set in.

Royal was shot twice in the back during the massacre of 2009 and is ready for the court martial to be over for his fellow survivors, his family and himself.

"It is very troubling right now, it is very, very troubling."

In an opinion released Monday, the Court of Appeals for the Armed Forces removed Judge Gregory Gross from the case for appearing biased.

Among other things, it cited his presence on post the day of the attack and his attempts to force Hasan to shave his beard, which while it violates Army dress code is said by Hasan to be a true expression of his Muslim faith.

The ruling says, "It could reasonably appear to an objective observer that the military judge had allowed the proceedings to become a duel of wills between himself and Appellant rather than an adjudication of the serious offenses with which Appellant is charged."

It's up to the Judge Advocate General's office to appoint a new judge.

And it will be up to that judge whether past motions heard by COL Gross will have to be heard again due his apparent bias.

Military law expert Brad Glendening says that could take as long as a year and a half.

"If that's the case, then yeah, you've got to start from scratch, and the defense is going to file all their motions anew, and they're all going to be litigated anew," said Brad.

Whatever happens, Chris just wants the court martial done right, and he wants it over as soon as possible.

"It's important that justice takes place and it's done right. it's very important to me now," said Chris.

Monday's ruling also stopped Gross's order to have Hasan forcibly shaved.

It says enforcing dress code falls under the authority of Hasan's command.

His six contempt convictions related to his overgrown beard were also set aside.

Reporter: Sophia Stamas sstamas@kcentv.com

Photographer: Chris Buford cbuford@kcentv.com