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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So after being involved in the legal system and spending more time in a court room than I ever thought, I've come to a few conclusions based on my own personal experience and observations. I've never been involved in criminal matters but nonetheless your mileage may vary.
Judges get it wrong sometimes because they are human and humans make mistakes. The prosecutor's job to to find the defendant guilty and the defense counsel's job is to exonerate the defendant or do as much "damage control" as possible. Regardless of personal feelings, emotional bias or the politics behind it, the simple reality is that we all have rights. One of them is being innocent until proven guilty.
Now I'm not saying that he isn't guilty, nor am I trying to mitigate or minimize the tragic events that came to be that day. I'm not saying that he doesn't deserve to have his testicles rest in a colony of fire ants (or whatever else Quentin Tarantino's sick, twisted and convoluted mind can conjure up) but we, as our own society, have created a system where there are safety mechanisms in place so that we can ensure that justice is served accurately instead of expeditiously.
In criminal matters and even civil or domestic cases, there are things called "Mitigating" and "Aggravating" factors. Mitigating means that there are facts that reduce the seriousness of the crime/infraction/offense; conversely, Aggravating means facts that increase the seriousness. The simple fact is that the legal process affords him the right to seek an appeal and with death being Option -A, I sure as hell don't blame him for trying to seek Option -B.
For those who are calling for swift death, put him in the ground, etc, etc, I ask the question, "Are you afraid that this convicted man is really going to prevail in his appeal?" I mean is killing him 5 minutes from now or even 25 years from now going to bring back the deceased or somehow undo the damage that's been done? Great, have this dude ride the lightning, get ballistically ventilated or evenly distributed about with extreme prejudice; then what?
You have to deal with the pain and close that chapter in each of your respective lives (for those who were directly and indirectly affected) in your own way regardless of the outcome.
Let's also take a look at how this could have been prevented if we're all going to armchair quarterback this thing. Is the leadership culpable for this at all? Were there warning signs? I would think that during pre-deployment SRP that a religious preference listed as "Muslim" or "Islam" might be a raised flag that's worth looking into just a bit. I mean you don't just wake up one morning and start shooting your own. Someone knew of or had to have seen warning signs and nobody took action.
Going back to the appeal and trial issue. Part of a defense lawyer's job is to make sure that the prosecutor presents his case in accordance with the rules of evidence, chain of custody and that all of the I's are dotted and T's are crossed. If proper procedures are not followed, then the foundation and the integrity of our legal system will crumble.
You can read my Court of Appeals published opinion below.
http://caselaw.findlaw.com/wa-court-of-appeals/1343952.html
The long and the short of it was that I had my ex-wife caught, blatantly violating our parenting plan and absconding with our children. The trial court judge failed to rule on the required factors concerning child relocation. Additionally, she failed to properly follow the court procedure. The most egregious failure of the judge was that she ruled against me and entered an order that completely blocked my access to the Court in its entirety. She essentially took my 14th Amendment Right (The whole "Due Process" thing) and wiped her ass with it.
Fortunately, I had an attorney who was educated on the laws and statues. It was a year later that I sat in the courtroom with great pleasure as I listened to a Superior Court judge recite, into the court record, how she failed and that her ruling was incorrect because she overstepped her authority.
So in closing, let's all take the emotion out of our comments as I'm sure that all can agree that fro those who commit crimes shall be accountable and answer for their actions. However, prosecuting and navigating the legal system is a business process that can only be based on facts, evidence and the laws/procedures that govern. Justice must be blind in order to be just and true, let things play out.
Judges get it wrong sometimes because they are human and humans make mistakes. The prosecutor's job to to find the defendant guilty and the defense counsel's job is to exonerate the defendant or do as much "damage control" as possible. Regardless of personal feelings, emotional bias or the politics behind it, the simple reality is that we all have rights. One of them is being innocent until proven guilty.
Now I'm not saying that he isn't guilty, nor am I trying to mitigate or minimize the tragic events that came to be that day. I'm not saying that he doesn't deserve to have his testicles rest in a colony of fire ants (or whatever else Quentin Tarantino's sick, twisted and convoluted mind can conjure up) but we, as our own society, have created a system where there are safety mechanisms in place so that we can ensure that justice is served accurately instead of expeditiously.
In criminal matters and even civil or domestic cases, there are things called "Mitigating" and "Aggravating" factors. Mitigating means that there are facts that reduce the seriousness of the crime/infraction/offense; conversely, Aggravating means facts that increase the seriousness. The simple fact is that the legal process affords him the right to seek an appeal and with death being Option -A, I sure as hell don't blame him for trying to seek Option -B.
For those who are calling for swift death, put him in the ground, etc, etc, I ask the question, "Are you afraid that this convicted man is really going to prevail in his appeal?" I mean is killing him 5 minutes from now or even 25 years from now going to bring back the deceased or somehow undo the damage that's been done? Great, have this dude ride the lightning, get ballistically ventilated or evenly distributed about with extreme prejudice; then what?
You have to deal with the pain and close that chapter in each of your respective lives (for those who were directly and indirectly affected) in your own way regardless of the outcome.
Let's also take a look at how this could have been prevented if we're all going to armchair quarterback this thing. Is the leadership culpable for this at all? Were there warning signs? I would think that during pre-deployment SRP that a religious preference listed as "Muslim" or "Islam" might be a raised flag that's worth looking into just a bit. I mean you don't just wake up one morning and start shooting your own. Someone knew of or had to have seen warning signs and nobody took action.
Going back to the appeal and trial issue. Part of a defense lawyer's job is to make sure that the prosecutor presents his case in accordance with the rules of evidence, chain of custody and that all of the I's are dotted and T's are crossed. If proper procedures are not followed, then the foundation and the integrity of our legal system will crumble.
You can read my Court of Appeals published opinion below.
http://caselaw.findlaw.com/wa-court-of-appeals/1343952.html
The long and the short of it was that I had my ex-wife caught, blatantly violating our parenting plan and absconding with our children. The trial court judge failed to rule on the required factors concerning child relocation. Additionally, she failed to properly follow the court procedure. The most egregious failure of the judge was that she ruled against me and entered an order that completely blocked my access to the Court in its entirety. She essentially took my 14th Amendment Right (The whole "Due Process" thing) and wiped her ass with it.
Fortunately, I had an attorney who was educated on the laws and statues. It was a year later that I sat in the courtroom with great pleasure as I listened to a Superior Court judge recite, into the court record, how she failed and that her ruling was incorrect because she overstepped her authority.
So in closing, let's all take the emotion out of our comments as I'm sure that all can agree that fro those who commit crimes shall be accountable and answer for their actions. However, prosecuting and navigating the legal system is a business process that can only be based on facts, evidence and the laws/procedures that govern. Justice must be blind in order to be just and true, let things play out.
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SFC Stephan Patterson
I was in Camp Virginia when they brought this guy there under MP escort, they wanted to make sure nobody shot him.
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SFC Stephan Patterson
At the time, they said it wasn't about that he was Muslim but apparently had additional problems related to UCMJ and a possible demotion, that is probably the real reason behind his actions.
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SGT(P) (Join to see)
I do not know why they are delaying his execution. I do not like our justice system. If there is mounting evidence against him, why are we waiting this long?
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SFC (Join to see)
Firing Squad, when they give him the hood make sure its soaked in bacon fat first.
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MCPO Roger Collins
Charlotte, the military does not execute anyone any more, although it is an available punishment on the books. He will be put in a cell, probably in close approximation to the Ft. Hood shooter for the rest of his life.
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I am a firm believer that if they want to be martyrs, that is the one thing that should be denied to them. Life in prison on a steady diet of bacon served on a used tampon would be a better punishment. That way they are denied the glory of martyrdom, and Islamic paradise as well.
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Is there anyone that really believes that the death penalty will be carried out? Check out when the last person was executed due to a military tribunal. This POS will be fed, clothed and have better medical care than most civilized Americans.
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MCPO Katrina Hutcherson
MCPO Roger Collins If we don't carry out the sentencing that is prescribed for the crime the defendant is convicted of our laws mean nothing, justice isn't done, and those wounded and the families of the deceased forever pay the price of our lack of conviction!
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Don't make it easy on him, he wants to be a martyr.
Send him to prison and put him in the cell with someone known to rape his cellmates.
Feed him a diet of nothing but bacon and ham.
and make all his guards women
Send him to prison and put him in the cell with someone known to rape his cellmates.
Feed him a diet of nothing but bacon and ham.
and make all his guards women
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SFC Craig Dalen
Although this sounds like a great idea, he will be funded by the people and he isn't worth the time, money or effort.
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Hanging, because a firing squad would be too honorable.
It is puzzling/alarming/saddening/ maddening to me why he is not dead yet. This entire judgement process should have done inside the military and in short order.
And rip that rank and insignia off that sorry POS , years ago.
It is puzzling/alarming/saddening/ maddening to me why he is not dead yet. This entire judgement process should have done inside the military and in short order.
And rip that rank and insignia off that sorry POS , years ago.
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