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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He Did Not Ask the Persons He killed If they wantted to be blown up. He should have already hae felt the Hangmans noose.
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This was a very sad event but we cannot take lightly how our men and women can be influenced by those who would like to harm both Americans and America.
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Sgt Rodney Devaney
that is hogwash, I took an oath to defend this country, anyone who would have attempted to influence me to do arm to my country or my fellow American would have be dealt with by what ever means I had be it by law or sword. If you took the oath then you uphold it period.
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Death Penalty. Whether we hear excerpts of his diary or not, he killed 2 soldiers and injured 14 others. Enough said.
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Makes me sick to see this piece still sporting his uniform and wings to boot get him out of it and on with justice
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SGT (Join to see)
SGT Steve Welch A convicted and incarcerated Soldier, is still a Soldier until the end of his/her punishment. Â They are stripped of most of the dignity and benefits of being a service member, but they are still classified as such.
The picture is probably from the trial which is why he's still wearing SGT rank.
A Soldier sentenced to more than a year of confinement, regardless of any rank reductions or punitive discharges, is automatically reduced to the lowest enlisted rank. Â Also, if a Soldier received a Bad Conduct Discharge or Dishonorable Discharge then they will also be reduced to PVT/E-1 regardless of any adjudicated rank reductions.
The pay and allowances of the convicted Soldier can be order to be given to any victims.
So this convict will still be a Soldier but have very little benefits unless his conviction is overturned.
The picture is probably from the trial which is why he's still wearing SGT rank.
A Soldier sentenced to more than a year of confinement, regardless of any rank reductions or punitive discharges, is automatically reduced to the lowest enlisted rank. Â Also, if a Soldier received a Bad Conduct Discharge or Dishonorable Discharge then they will also be reduced to PVT/E-1 regardless of any adjudicated rank reductions.
The pay and allowances of the convicted Soldier can be order to be given to any victims.
So this convict will still be a Soldier but have very little benefits unless his conviction is overturned.
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We have laws and process in this country's and military's judicial system(s). They were followed, judgment rendered - it should be carried out. His fellow soldiers had rights - who is looking out for them. Don't care what was in a diary! Actions speak louder than words
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As a person who works in the legal system now, they will find any way to get the "rights" of the fm defendant "violated" to gain any inch. Facts are that during war, a person of trust, VIOLATED everything and maliciously killed fellow service members (with pre meditation). Death penalty is warranted. I hope he rots in hell.
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IMHO, he has already had his day in court, he was tried, convicted and sentenced...it is time for that sentence to be carried out. Only problem I see is a certain individual in a position of authority trying to pardon him on his way out the door.....
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SSG Adam Fugal
This jerk Attacked my Commanders and fellow soldiers at Camp Pensnylvania. He acted as an Enemy Soldier would act and he was wearing our Uniform. I think he should get to sit in a room with a grenade with the fuse Burning just outside the kill Radius. after it goes off come in and shoot him. give to him what he gave others.
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PV2 Violet Case
SFC William Swartz Jr. Maybe the one who did the crime is related to the other one you speak of. I think it could be possible
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