Posted on Nov 19, 2014
Military court weighing fate of condemned soldier. What Are Your Thoughts?
394K
3.4K
1.23K
80
79
1
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
1
1
0
1
1
0
1
1
0
Guilty regardless of jury reading diary! Firing squad would be ideal, but start at his feet and work your way up with 10 min intervals. It should be painful, just like it was for his victims!
(1)
(0)
1
1
0
I won't vote up or down on this, but I will state this Sergeant should've got out at the end of his tour. His religion didn't have to be an excuse for his actions, it is his choice and the consequences is on him. It is disturbing for any military personnel to commit treason, if he or she disagrees about being in a wartime environment. I wish those who disagree with military life just get out, and the ones who are thinking about enlisting DON'T. The quality of life in the military would be less stressful, just my two cents on this situation.
(1)
(0)
SSG Daniel Parker
I served With him when Him When was Spc. Cools. I will Keep Him and His family in prayer. I do not condone his actions. To me it can not be justified. But I don't have a haven or Hell to place him in.The Lord's Will be done. Â
(1)
(0)
MSG (Join to see)
I do agree that he should have gotten out at the end of his tour and used the freedom by which we allow to complain about whatever he wished to complain about. I also believe that the court system has spoken. Heck, I disagree with a lot of things because of my religious beliefs but I do not allow my beliefs to harm or hurt others. Soldiers died because of his actions. The consequence in this case was a death sentence. However, I don't like the death penalty. I'd rather have people like this sit in a cell for the rest of their natural life to think about what they did to be there. Carry-on ex-Soldier.
(1)
(0)
1
1
0
His fate should be simple, he killed fellow soldiers, so in my opinion he should be put to death in the same manner as those he murdered. I have just one question: why is this idiot still allowed to wear rank on his sleeve?
(1)
(0)
1
1
0
This person should go to prison in Mexico for the rest of his life and not in America because it is also an embarrassment to our company to have such soldiers with great discipline to act in such wayswhen soldiers act this way it really incriminates the militaryand everybody sacrifice and dedication to their job makes an absolute embarrassment ,where the hell did you find this guy
(1)
(0)
1
1
0
He needs to be put down and fast. How anybody could do that to there fellow battles is beyond me.
(1)
(0)
1
1
0
I remember this story getting to our unit very quickly. Fight as our enemy die like our enemy. It's to bad he was not taken out that day!
(1)
(0)
1
1
0
I was on Capt Seifert's Honor Guard for his funeral.
This TRAITOR didn't give Maj Stone nor Capt Seifert any appeals, so he doesn't deserve any. He was convicted and needs to have his sentence carried out.
This TRAITOR didn't give Maj Stone nor Capt Seifert any appeals, so he doesn't deserve any. He was convicted and needs to have his sentence carried out.
(1)
(0)
Read This Next
Continue with Facebook 
Continue with Google