Posted on Nov 19, 2014
Military court weighing fate of condemned soldier. What Are Your Thoughts?
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From: Army Times
A former U.S. soldier sentenced to death for killing two fellow soldiers and injuring 14 others in an attack in Kuwait is pinning his hopes of staying alive on an argument jurors should have never seen his diary.
Attorneys for 43-year-old Hasan K. Akbar argued on Tuesday that the one-time sergeant's writings, which include details of how he converted to radical Islam, were so inflammatory, that without the proper context, jurors were most likely to focus on the most damaging parts while considering whether to impose a death sentence.
"They didn't present the information in any meaningful way," said Lt. Col. John Potter, a military lawyer arguing the case for Akbar before the U.S. Court of Appeals for the Armed Forces in Washington.
Akbar was with the 326th Engineer Battalion of the 101st Airborne Division based at Fort Campbell, Kentucky, when he was sentenced to death in 2005. He killed Army Capt. Christopher S. Seifert and Air Force Maj. Gregory L. Stone in Kuwait two years earlier during the early days of the Iraq war.
Prosecutors say he threw four hand grenades into tents as members of his division slept, then fired his rifle at soldiers in the ensuing chaos on March 23, 2003. A military jury at Fort Bragg, North Carolina, convicted Akbar and handed down the sentence. The military has not carried out an execution since 1961. Akbar is one of five ex-soldiers facing a death sentence, the only one for actions in the Iraq war.
Potter told the judges the defense failed to prepare witnesses and errantly let jurors see Akbar's diary, which contained multiple anti-American passages.
Potter said allowing the jury to read the diary "eviscerated the defense in any meaningful way."
"We think the diary, there's no tactical reason to submit the diary," Potter said.
In one entry dated Feb. 23, 2002, Akbar wrote that he believed staying in the Army would eventually lead him to prison.
"I had a premonition that if I re-enlisted I would find myself in jail. That is probably true because I already want to kill several of them," Akbar wrote of his fellow soldiers.
The judges hearing the case focused on how the diary fit into the rest of the defense strategy, asking whether attorneys did anything to put the passages in the context of Akbar's pre-military life or any mental issues he may have had.
Potter noted that the defense put on 38 minutes of mitigation evidence and argument and didn't present any testimony from his family to humanize him. Instead, the lawyers failed by letting jurors pick through the diary and focus on the passages that left their client in the worst possible light.
Prosecutors said Akbar's defense attorneys acted in his best interest to try and prevent a death sentence from being issued in one of the "most egregious offenses in modern military history." The defense attorneys focused on the most viable arguments and witnesses, Maj. Kenneth Borgnino said.
Prosecutors noted that much of Akbar's family likely wouldn't have made a good impression on the witness stand.
The judges did not indicate when a ruling would be issued.
http://www.armytimes.com/story/military/crime/2014/11/19/akbar-appeal-111914/19265341/
A former U.S. soldier sentenced to death for killing two fellow soldiers and injuring 14 others in an attack in Kuwait is pinning his hopes of staying alive on an argument jurors should have never seen his diary.
Attorneys for 43-year-old Hasan K. Akbar argued on Tuesday that the one-time sergeant's writings, which include details of how he converted to radical Islam, were so inflammatory, that without the proper context, jurors were most likely to focus on the most damaging parts while considering whether to impose a death sentence.
"They didn't present the information in any meaningful way," said Lt. Col. John Potter, a military lawyer arguing the case for Akbar before the U.S. Court of Appeals for the Armed Forces in Washington.
Akbar was with the 326th Engineer Battalion of the 101st Airborne Division based at Fort Campbell, Kentucky, when he was sentenced to death in 2005. He killed Army Capt. Christopher S. Seifert and Air Force Maj. Gregory L. Stone in Kuwait two years earlier during the early days of the Iraq war.
Prosecutors say he threw four hand grenades into tents as members of his division slept, then fired his rifle at soldiers in the ensuing chaos on March 23, 2003. A military jury at Fort Bragg, North Carolina, convicted Akbar and handed down the sentence. The military has not carried out an execution since 1961. Akbar is one of five ex-soldiers facing a death sentence, the only one for actions in the Iraq war.
Potter told the judges the defense failed to prepare witnesses and errantly let jurors see Akbar's diary, which contained multiple anti-American passages.
Potter said allowing the jury to read the diary "eviscerated the defense in any meaningful way."
"We think the diary, there's no tactical reason to submit the diary," Potter said.
In one entry dated Feb. 23, 2002, Akbar wrote that he believed staying in the Army would eventually lead him to prison.
"I had a premonition that if I re-enlisted I would find myself in jail. That is probably true because I already want to kill several of them," Akbar wrote of his fellow soldiers.
The judges hearing the case focused on how the diary fit into the rest of the defense strategy, asking whether attorneys did anything to put the passages in the context of Akbar's pre-military life or any mental issues he may have had.
Potter noted that the defense put on 38 minutes of mitigation evidence and argument and didn't present any testimony from his family to humanize him. Instead, the lawyers failed by letting jurors pick through the diary and focus on the passages that left their client in the worst possible light.
Prosecutors said Akbar's defense attorneys acted in his best interest to try and prevent a death sentence from being issued in one of the "most egregious offenses in modern military history." The defense attorneys focused on the most viable arguments and witnesses, Maj. Kenneth Borgnino said.
Prosecutors noted that much of Akbar's family likely wouldn't have made a good impression on the witness stand.
The judges did not indicate when a ruling would be issued.
http://www.armytimes.com/story/military/crime/2014/11/19/akbar-appeal-111914/19265341/
Death Penalty
Kuwait
UCMJ
Posted 10 y ago
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He had his day in court, he was convicted, now get him out uniform and onto that table. One of his victims was a friend. Firing squad is what he should get but I will be ok with LETHAL INJECTION. I can only hope he gets one of those bad batches so it takes just a little longer. Sorry but Major Stone was a good man. Knew him when he was in the Hawaii Air Guard.
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SrA Scott Baer
Agreed on the unlikely of being RIGHTLY held responsible buddy, and yes particularly sucks you know one of the victims. So long as suffering with little comfort is involved along with a guarantee a certain someone will not trade him in order to protect, I guess like many, have no choice but to accept. Personal preference would involve a cattle prod til begging for mercy for each loss of liife, after that it is all about being a deterrent to assuming the free world is just going to take it.
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Cpl (Join to see)
I was a correctional officer at a maximum /Deathrow facility for 6 years, so allow me to tell you how lethal injection works. There are three steps. Sodium thiopental or pentobarbital is used as an anesthetic to induce unconsciousness, pancuronium bromide to cause muscle paralysis and respiratory arrest, and potassium chloride to stop the heart. Sounds painless. Only while you aren't awake, your brain is still working. So now, you can't move, and your lungs and heart aren't working. Your nerves are frantically sending messages to your brain, which still is working. But your brain can't do anything, but its still alive. Your brain doesn't start to die til 6 minutes after your heart stops. And how long it takes your brain to die after that six minutes depends on the person, but it can be up to 18 minutes. So, imagine being trapped in your body with nothing working for 15 minutes or so. I'm ok with lethal injection. :)
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I'll pull the trigger  myself. In recognition of the Government's asset-constrained environment, I'll also buy the ammunition. Should only take one round, but maybe two - in order to be on the safe side.
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1SG Michael Blount
SN Earl Robinson - Yah, but we'd have to clean it up UNLESS we let the flies do the job
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A few points and historical facts:
- Military justice is administered for a few different reasons: punishment, deterrence, rehabilitation, and good order and discipline.
- PVT Akbar received due process and was properly convicted by a military court martial.
- The issue of PVT Akbar's diary is a technical issue and a minor issue at best. If I were a court martial member, I would have convicted him on the facts that he killed 2 and wounded 14 alone regardless of what he wrote in his diary or what his motivations were.
- PVT Akbar deserves to be executed for the crime that he committed. Goes to punishment and deterrence.
- The US Army has not executed a Soldier on death row since about 1961.
- There are about nine Soldiers currently on death row at Fort Leavenworth.
- Unfortunately, the probability that PVT Akbar will be executed for his crime is very low at best regardless of how the US Court of Appeals rules. Unfortunately, the same can be said for former MAJ Hasan. These two will most likely die of old age in military prison. If so, this is a crime as well.
- Military justice is administered for a few different reasons: punishment, deterrence, rehabilitation, and good order and discipline.
- PVT Akbar received due process and was properly convicted by a military court martial.
- The issue of PVT Akbar's diary is a technical issue and a minor issue at best. If I were a court martial member, I would have convicted him on the facts that he killed 2 and wounded 14 alone regardless of what he wrote in his diary or what his motivations were.
- PVT Akbar deserves to be executed for the crime that he committed. Goes to punishment and deterrence.
- The US Army has not executed a Soldier on death row since about 1961.
- There are about nine Soldiers currently on death row at Fort Leavenworth.
- Unfortunately, the probability that PVT Akbar will be executed for his crime is very low at best regardless of how the US Court of Appeals rules. Unfortunately, the same can be said for former MAJ Hasan. These two will most likely die of old age in military prison. If so, this is a crime as well.
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CSM (Join to see)
If you ever go to the pre-command course at Fort Leavenworth you get a tour of the Disciplinary Barracks. Part of that tour goes to "death row", or as I believe they call it, the segregation unit. If I remember correctly it is divided into three hallways that you can see from the control room that the guard sits in. To the right is where they keep the prisoners who have had surgery or are recovering from an illness that they need to stay away from the other inmates while they heal. The center hallway is where they have violent prisoners. The one on the left is "death row". I saw Akbar when I was there. The existence they have in those cells is not something I would want to experience. Very little human contact. I was told by a guard that he (along with the others who are there) alternate between periods of laughing, crying, silence and anger. I am all for the death penalty, but life in prison certainly is punishment.
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CPT Brent Ferguson
This man should have been dead days after what he did we've already wasted too much money on what a single soldier could have achieved with a $0.39 piece of lead.
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Give him to the Navy, we can scuttle him off the aft end of the ship with the rest of the garbage... let the ocean do with him what she will!
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SPC Christopher Perrien
Keelhauling yea :), Underneath a big aircraft carrier that has not been drydocked for years. The props will take care of the burial.
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MCPO Katrina Hutcherson
LT Clint Davis That's a great idea, but I find it hard to believe they still throw the garbage overboard in this age of environmental consciousness.
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SSG Kristin YDeen
Once he is convicted and sentenced then he becomes a PVT unless you are an officer. He needs to be executed by lethal injection.
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PFC Rick Harker
Not only should it be the only option it should have been carried out immediately after sentencing.
At least that way we get rid of punk ass and we dont get accussed of cruel and unusual o unishment by letting his ass rot in s prison cell.
Which i think is to damned good for his ass.
At least that way we get rid of punk ass and we dont get accussed of cruel and unusual o unishment by letting his ass rot in s prison cell.
Which i think is to damned good for his ass.
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PO2 Cliff Green
This has taken to long. This should have been an open and shut case years ago. Something is wrong with our legal system. More right for the criminal than the victims. Good Bless the families affected by the person as well as our service members.
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I posted this thread awhile ago about this case. I remember that night like it was yesterday. The sky was unusually dark. I remember not being able to see any stars in the sky that night which we all know was not normal for Kuwait. I remember the chaos that followed. I remember CSM Womack establishing command and control over the BDE HQ area; coming into the command tent and saying we were authorized to use lethal force on anyone that didn't identify themselves. I remember the next morning waking up and hearing the report that CPT Seifert and MAJ Stone were killed. Shortly after Akbar was captured, he was put on a Blackhawk and flown off Camp Pennsylvania. Akbar is a coward. He earned his new title of "Inmate" which is how I refer to him. I proudly wear my remembrance bracelet for CPT Seifert everyday. Akbar deserves to get the needle.
Okay, sorry for the rant. If anyone would like to know more about what it was like that night I highly encourage them to check out the book that CSM Womack wrote "Embedded Enemy". The first few pages of this book were written just days after the attack. The book is out for sale on Amazon and Barnes and Nobel. Please note a percentage of the sales go to the Benjamin Seifert College Fund. Ben was 3 years old when he dad was killed and we are working hard to ensure he is taken care when he goes to school.
Okay, sorry for the rant. If anyone would like to know more about what it was like that night I highly encourage them to check out the book that CSM Womack wrote "Embedded Enemy". The first few pages of this book were written just days after the attack. The book is out for sale on Amazon and Barnes and Nobel. Please note a percentage of the sales go to the Benjamin Seifert College Fund. Ben was 3 years old when he dad was killed and we are working hard to ensure he is taken care when he goes to school.
Akbar Appeal set to Nov 18th | RallyPoint
While some on this site probably aren't familiar with this case, those that do might be interested in knowing that Inmate Akbar now has a date for his appeal. His appeal is set to go before a judge on November 18th. Akbar was responsible for the Soldier-on-Solider attack that occurred March 22 - 23, 2003. He threw several grenades into the tents housing COL Hodges and CSM Womack as well as the rest of the BCT Command team. During the attack,...
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SFC Mark Bailey
I was one of the embedded Observer-Controllers that had just pulled up in our HMMWV's that night. We heard the explosions and knew they were grenades, but only heard about Akbar the following day. We followed our instructions that night and in the days following trying to help out where we could.
That night, and the nights that followed it will remain burned into my memory for a very long time to come....
He deserves to die .... period,
....and maybe have his name etched somewhere saying
"Not an American... not then, not now, not EVER...."
That night, and the nights that followed it will remain burned into my memory for a very long time to come....
He deserves to die .... period,
....and maybe have his name etched somewhere saying
"Not an American... not then, not now, not EVER...."
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SPC Christopher Perrien
Seems like a summary court martial could have been done on the spot and the resulting execution done forthwith, all within the bounds of the laws of war.
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SPC (Join to see)
I think they should do to him like done in South America. Hand him over to the victims family!
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SSgt Shane Karst
SPC Norwood, we're a nation of laws not barbarianism. Just, because the liberals are letting their feelings control how we administer justice, we can't stoop to the same level. Hold your head up and do the right thing.
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CW3 Eric W. S.
political wrangling... everyone gets to appeal everything multiple times over, then the liberals will come into play and say he was not treated fairly and he needs to be given more chances... I call for swift justice.
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Does anyone else give less than two shits about whether the diary entry biases anyone. If justice is to be served, a jackass who killed his brothers in arms should die a horrible death. Case closed.
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PV2 Violet Case
Yes Sir I highly agree with you. If he is not removed from uniform and put down right away what is that going to be telling the rest of the people who join the military? They need to be shown that our Military standards are high and we do watch each others backs and this man would be a great example. He did a bad thing to our honor and trust and he should be punished now for it, lets stop giving him that free lunch ticket, roof over his head and get it done it does upset our men in arms to see this man in uniform and still standing.
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SGT Jose Perdelia-Torres
Not worthy of the uniform let alone parading still with his SGT chevrons. makes me sick.
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Wow! Guess the military is still on that coddle every Soldier stuff, huh? What part of he fragged two Soldiers and shot at others in the chaos didn't they understand? Let me guess....there's a possibility that they got the wrong guy, right? Guess when the Hooahs that tackled the guy was tackling the wrong guy that was throwing the grenades and shooting the gun. F'n fry this fucker, do it like yesterday.
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SGT Justin Lamb
I guess they will suspend his article 15 and tell him NO! BAD SOLDIER!! Then tell him they are sorry...
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SSG Daryl Kyle
I was there at Doha working desk sgt duties when CID brought him in, we didn't have a jail or cell so they stripped an office and put him in there with his prayer rug an quaran, they had unarmed infantry soldiers guarding him until the FBI came for him...
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SA (Join to see)
I was raised in a military family, WWII, Vietnam, Desert Storm, and Iraq are part of my family history... To read that someone in the ranks of my second family caused harm to his brothers and sisters makes my blood boil.
The diary is not the issue, the service member is. The religion is not the issue. The individual is.
For the deaths and injuries caused this guy needs to be sent straight to hell where he belongs, with no dignity- no tears- just justice.
The diary is not the issue, the service member is. The religion is not the issue. The individual is.
For the deaths and injuries caused this guy needs to be sent straight to hell where he belongs, with no dignity- no tears- just justice.
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