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
Responses: 487
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SPC Steve Ortiz
I was on my way to Iraq from kuwait or already in country when this p.o.s. did this dastardly deed,I say fry him!
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This man killed his own men while they were trying to fight for his freedom and the freedom of his loved ones. Plastic should have been rolled out on the courtroom floor while the judge pulled the trigger himself. Then, a bill should have been sent to the family for the cost of the bullet.
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Sad to say this POS will never be executed because our civilian leadership is scared of one too many political issues that relate to our way of doing business. The end result will be showing the way to other garbage on how they will not be held accountable for their actions. Our civilian leadership's lack of resolve is weakening our country.
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GySgt Michael Brown
AMEN to that.
It's like we get slapped across the face and our leadership turns the cheek so the other side can be slapped.
It's like we get slapped across the face and our leadership turns the cheek so the other side can be slapped.
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It's sad, and heartbreaking for the families affected. I'm not sure a quick death is good enough, I'd almost rather know he was put in a life sentence in isolation. Truth is and what always scared me was the type of "some" people that are recruited into the Military, a lot of people I knew said they had joined to avoid jail, and several others had obviously in their previous civilian life had been affiliated with gangs. I joined because I love my country, and I wanted to serve with those type of people. Why do we allow people like this to serve? I understand this was not his reason for his actions but the military in general in my personal opinion should place stricter standards on who they recruit, stop worrying about soldiers who have or want tattoos that are good faithful soldiers, and focus on recruiting the right people rather than numbers of people. This man deserves everything he has coming to him, and I hope the families of the victims, and the soldiers in his unit can find peace in his death.
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SSgt (Join to see)
This is the optimist in me speaking and I think it is to build that same type of love and sense of purpose for your country. For some, maybe even most, it doesn't matter and it really is just a way to avoid jail time but i do commend those who join and eventually turn their lives around.
In this case, I don't believe he joined for any reason than to commit this act. Maybe he felt lost and his sense of purpose was doing what he did. Either way, he deserves the same fate of no longer being on this earth, a decision he took from some.
In this case, I don't believe he joined for any reason than to commit this act. Maybe he felt lost and his sense of purpose was doing what he did. Either way, he deserves the same fate of no longer being on this earth, a decision he took from some.
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Why is he in uniform still? Getting him out of uniform is the first order of business.
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So this is kind of off topic, but I have been wondering this my whole enlistment which i spent at Ft. Campbell.
If 326th Engineers are a part of the 101st, why don't they wear our patch...
If 326th Engineers are a part of the 101st, why don't they wear our patch...
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SGT Suraj Dave
Interestingly, one of my high school friends ended up at Campbell with me, and he was in 326th Engineer's. At first they wore the diamond patch with a castle tower in it, and then they switched to some shield sea horse looking patch.
I find conflicting information everywhere. Some sources/people say that the 326th engineer's are subordinate to the 36th Engineer Brigade, and other's say they are subordinate to the 101.
Today the 326th engineer's are integrated into 1st BCT, 101st ABN, as their Brigade Engineer Battalion.....
Is it possible for a unit to be subordinate to 2 different commands?
I find conflicting information everywhere. Some sources/people say that the 326th engineer's are subordinate to the 36th Engineer Brigade, and other's say they are subordinate to the 101.
Today the 326th engineer's are integrated into 1st BCT, 101st ABN, as their Brigade Engineer Battalion.....
Is it possible for a unit to be subordinate to 2 different commands?
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They should place him in a field surrounded by the units he attacked. Let those soldiers decide how he bites it.
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Send him to the chair! He KILLED his fellow Soldiers while they were SLEEPING. End of discussion.
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