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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I don't see how the diary could be misunderstood or taken out of context. Its in his own handwriting and words, so what is there to misunderstand? For whatever reasons this scumbag killed 2 and wounded 14.
And what difference would it make if his family took the stand? Would you expect any of them to not say that he was a good person who went to church, who was respectful to others? Unless your family member is a total, evil person then your never going to hear anything bad come from a family member.
It sounds crass but just execute him and get it over with.
And what difference would it make if his family took the stand? Would you expect any of them to not say that he was a good person who went to church, who was respectful to others? Unless your family member is a total, evil person then your never going to hear anything bad come from a family member.
It sounds crass but just execute him and get it over with.
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SFC Boots Attaway
I couldn't agree more. Might I also add that it would be my pleasure to use my own weapon and ammo to be on the firing squad.
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He should die. he is a traitor to his country. His duties were clear. There were other means of going protesting.
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My wife worked with a nurse who happened to be CPT Christopher Seifert's mother. I will be very happy to see him on Death Row for the remainder of his life, and pray that he is able to still lift the rock-breaking hammer at the age of 94.
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I would pull the trigger myself. What that guy did back in the day will always be on the back of my mind. RIP CPT Seifert.
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SFC Thomas Howes
Well the military has not use the death system in some time so why do we have it if we don't use it most of them rot in jail as long as they cannot see anyone and have no tv that works for me.
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SFC Brian Ewing
You reap what you sow!! Â Killing him won't bring our fellow Soldiers back though I'm certain it will make everyone feel better but some people should suffer a thousand deaths while still alive.
Instead of killing him just put him in a cell with the biggest (in other areas as well), baddest black dudes in the prison and place him in his cell with his pants around his ankles and his hands and feet shackled.
Just leave his cell door open and hang a sign over the top that reads:
"Over 1 Billion Served" Â lol
Instead of killing him just put him in a cell with the biggest (in other areas as well), baddest black dudes in the prison and place him in his cell with his pants around his ankles and his hands and feet shackled.
Just leave his cell door open and hang a sign over the top that reads:
"Over 1 Billion Served" Â lol
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This is the cowardly jack-ass who rolled a frag grenade into a tent and killed several of his fellow soldiers, claiming he was "religiously motivated.." Bull***t!! Give him the same treatment he gave his victims! Looks like the MP on the left in this photo agrees with me...
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SSG John Mitchell
Need someone to throw the switch? I'm available anytime. Coward doesn't even begin to describe this jack ass!
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