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 made the choice to convert to Radical Islam. So let him die like the rest who waged war against us. The diary is just a ploy to put off the inevitable. Kill his sorry ass!!!
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Unacceptable firing squad should solve this problem. They should've shot him right after his conviction
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I couldn't imagine being an attorney in the military and then having to defend assholes like this! I couldn't do it! There's nothing to defend. I don't even know why this shit has to be discussed. He straight up killed people and tried to kill even more. It was a blatant attack. And if he was truly converted to radical Islam he would be owning that shit, not trying to weasel his way out of a death sentence via technicality. Why don't we put him down the radical Islamist way and cut his head off!
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I haven't yet read through all the many responses on this question so I hope I'm not doubling up here.
I'd like to find a way where we could execute, then resuscitate this guy and then do it again. Wash and repeat.
I'd like to find a way where we could execute, then resuscitate this guy and then do it again. Wash and repeat.
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He wants to fight with terrorists and take the lives of American soldiers, then let him face a worthy punishment. He needs to be hung by the neck, which is too good for him. I could think of worse ways to kill him, but the lefties would go nuts.
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GySgt Leroy Little
As a retired Unites States Marine I an very concerned about this, abut two years ago I watched on the news as a fellow combat trained Marine had a shoot out with Police after he and his gang committed a Robbery, because of his training one office died as the murderer tactically walked down the office using cover procedures that we were taught. I did not fight for the Country I love and swore to protect with my life to come back home to see men who were allowed to stay and be part of the greatest kick ass brotherhood , betray the oath of service and tarnish our rich traditions with gang banging and crime, we Lost some good young men from my unit who faught in Iraq and Afghanistan bravely and paid the ultimate price, I am lucky and honored to call those men my brothers, now I know all immigrants are not bad people, maybe we can screen better those volunteering and allow for psychological testing done proper to enlsiting along with background checks
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SSG William Patton
Gunny, that will be difficult to do since the CIC has just decided that illegal immigrants can now join the military. Vetting some of these individuals will be next to impossible because of where they come from and the lack of documentation as to who they are or what they did prior to stealing into this country. The only immigrant I would trust is one who came here legally, according to the laws of the nation. Illegals have violated the law just by arriving on our soil and that is a criminal offense. I know young men who would have made good Marines or soldiers, who could not join due to a DWI or other misdemeanor offense. Only those with the highest integrity should be allowed to wear the uniform of our nation's military, not someone who broke the law just to get here. As for the Army sgt. who killed his buddies... He violated the most sacred element of service, have your buddy's back. He killed two of his buddies and wounded 14 others. He is the lowest of the low and deserves to forfeit his life.
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Personally I don't think the diary had any significant impact. The fact remains many witnesses saw him toss the grenades and fire his weapon on Soldiers. The acts resulted in death.
UCMJ Article 118:
Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- –
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.
His act of taking two grenades and a loaded weapon to commit the acts show premeditation.
UCMJ Article 118:
Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- –
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.
His act of taking two grenades and a loaded weapon to commit the acts show premeditation.
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LCpl Joshua Sauvageau
They could heap on the Articles with this one...I can think of at least five without even trying. He should be prosecuted, incarcerated, and then executed within days of conviction.
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SFC Gary Fox
LCpl Sauvageau, the Article 118 charge wasn't the only charge held against him. He was sentenced to death because the panel saw the act of violence was premeditated. There is no doubt the panel saw that throwing a grenade into a tent was a premeditated act with the intent to kill. Who throws a grenade into a tent for the heck of it? Shooting at others with his M-16 was also premeditated as he himself locked and loaded the magazine. The rules of engagement did not permit Soldiers to carry locked and loaded weapons in Kuwait. He did so with intent to kill.
It doesn't matter about the other charges in this appeal as they have no bearing on the death penalty his lawyers are appealing by trying to say the panel was prejudiced by his diary.
It doesn't matter about the other charges in this appeal as they have no bearing on the death penalty his lawyers are appealing by trying to say the panel was prejudiced by his diary.
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We were there and he was an nco. How could he deserve to live after taking the lives of soldiers who would have died fighting with him instead of killing them himself.
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