The death penalty will remain on the table for accused Fort Hood shooter Maj Nidal Hasan, a judge ruled Wedesday.

Judge Col. Tara Osborn ruled that a previous Supreme Court ruling involving a capital murder trial on Fort Hood applied to the upcoming trial for Hasan.

The defense had argued that procedures that led to a Fort Hood commander to authorize a capital murder trial for Hasan did violate the U.S Constitution.

Osborn also punted on granting an order to prevent the military from shaving Hasan. She said the court did not have any authority in the matter, going against the rulings of ousted judge Col. Gregory Gross.

The judge also denied defense motions for a media analysis expert and a defense initiated victims coordinator.

Contact Philip Jankowski at or (254) 501-7553

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