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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SGT Steven Ransbottom
Tie them to a Cypress stump in the southern swamps and let nature have it's way... No wasted effort or tax dollars here.
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He is the worst kind of traitor execution is to good for him a slow painful death would be best
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A good lawyer, with an inventive mind, is suggesting that the murderous act is justified. The simple fact is, Akbar committed murder, has been convicted, sentenced, and the sentence should be carried out. The only justified appeal should be based on the facts, did he commit murder or not?
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What if we gave him a punishment in accordance with his religious beliefs. Cut off both hands for stealing human lives. Then stone him to death. One rock a day.
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PO3 John Wagner
As to the soldier?
"Burning too good for him!"
"Hangings too good for ' im!"
"He needs to be cut up in little bitty pieces and buried alive!"
Hanover Fist
"Burning too good for him!"
"Hangings too good for ' im!"
"He needs to be cut up in little bitty pieces and buried alive!"
Hanover Fist
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PO3 John Wagner
SPC Bruce Nichols - I think you have mistaken my feelings for racism.
I hate all people equally and that goes double for whites kiddo.
I'll go bare knuckle with any racist accusers....don't forget one thing.
Old men do NOT fight fair.
I hate all people equally and that goes double for whites kiddo.
I'll go bare knuckle with any racist accusers....don't forget one thing.
Old men do NOT fight fair.
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PO3 John Wagner
SPC Bruce Nichols - From the photo you might gather that I'll only use my thumb...Sean Connery seems to have found it sufficient in the Presidio.
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We all grieve for the families of the soldiers that died due to this persons actions.
His actions were traitorous that resulted in the loss of life. Several lives. I see no other choice but the death penalty.
His actions were traitorous that resulted in the loss of life. Several lives. I see no other choice but the death penalty.
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SSG Robert Spina
I AM IN TOTAL AGREEMENT MSGT ROGER LALIK AND YRS AGO IF MILITARY PERSONNEL ACTED THE WAY BERGDAHL DID THAT WOULD HAVE BEEN HIS FATE BUT UNFORTUNATELY IN TODAYS POLITICALLY CORRECT MILTARY HE WILL NOT RECIEVE A JUST SENTENCE
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MSgt Roger Lalik
In my day. There would have been a very good chance of him not being apprehended alive.
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AN Ron Wright
he is a traitor and so is the obummer for doing the exchange. neither should ever see the light of day again
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This man is not a soldier, he is a trader to the brother's in arms. Him not breathing will not bring the dead back but it would send the right message. For the families I'm sure they will never move on knowing one of our own killed their loved ones, the trust has been broken for them. The harm this man has caused has no measure and must be dealt with as swift as possible.
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Having known one of the mothers, of an injured soldier that was in the tent during this horrific episode, and critically injured in the process, but has since recovered and remains on active duty, the death penalty is the right call, forget the diary, the guy did it. You have my vote for an all female execution squad, understand they fear being killed by a female.
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OK, I'll clearly never get placed on a jury. My views on justice are rather draconian, I view this as an assault on family - as his victims were brothers in arms. As such, it should be a family matter. I would treat this just like I would treat someone who hurt my son or daughter.
Put this man in a room with the family members of those he killed for an hour and grant all of them amnesty for any actions they choose to execute. They'd need a sponge to get him out of the room once justice has been done.
Put this man in a room with the family members of those he killed for an hour and grant all of them amnesty for any actions they choose to execute. They'd need a sponge to get him out of the room once justice has been done.
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