Trial Begins for G.I. Blamed for Killing Officers [SGT Hasan Akbar -- new details about his defense]

ASSOCIATED PRESS via NY Times ^ | April 11, 2005 | ASSOCIATED PRESS

[68skylark]

Here's a related story, with a photograph: http://www.freerepublic.com/focus/f-news/1381634/posts

[TruthShallSetYouFree]

He said his client's mental illness was triggered by his stepfather's sexual abuse of his sister.

Yeah, and I saw a moose eat some cheese when I was nine, so I killed my great-uncle.

[68skylark]

Defense lawyer Maj. Dan Brookhart acknowledged Sgt. Hasan Akbar committed the March 2003 grenade and firearm attack, but said he was not capable of the premeditation required for his client to be eligible for the death penalty.

I'm not a lawyer, but it's hard to believe that the prosecution has to prove premeditation in order to get the death penalty. Perhaps the writer or the lawyer are misunderstanding the law.

An attack against Army leadership, in a combat zone on the eve of war, is such a serious matter that it obviously demands the death penalty whether or not it was premeditated.

[Zuben Elgenubi]

I wonder what Sha'ria law has to say about a madman murdering a superior. Betcha it demands the madman be beheaded.

[livius]

Exactly.

Like West Side Story - "Gee, Officer Krupke...my mother was a junkie, my sister she was nuts,...I'm depraved on account of I'm deprived..."

[ApplegateRanch]

suffered from mental illness for years

Yes; he is a radical Muslim. That is the problem, not a defense.

[Imaverygooddriver]

He`s Muslim so I totally agree that he is mentally ill.

[river rat]

It is REALLY too bad this POS wasn't shot immediately at the scene of his obscene crime....

He NEVER should have attained prisoner status...
Gunny was right when he preached extreme care and prejudice as to whom one granted "prisoner status".....

Semper Fi

[Logic n' Reason]

I am given to understand by those close to the defense team that the glove will never fit!

[Heavyrunner]

Islam IS a mental-health issue.

[SE Mom]

http://www.freerepublic.com/focus/f-news/1381634/posts?page=15#15

...more on this with a pic of him..

[Modernman]

I'm not a lawyer, but it's hard to believe that the prosecution has to prove premeditation in order to get the death penalty.

Premeditation is usually a requirement for someone to get convicted of capital murder/1st Degree murder, which are usually the only crimes eligible for the death penalty.

[JimSEA]

He said his client's mental illness was triggered by his stepfather's sexual abuse of his sister.

If this makes a person an Islamofacist, perhaps we should restudy the theories about Osama and his pet nanny goat?

[xone]

Hang him.

[68skylark]

Premeditation is usually a requirement for someone to get convicted of capital murder/1st Degree murder, which are usually the only crimes eligible for the death penalty.

I realize that's true in the civilian world. But I found it hard to believe it's true in a military context. Sure enough, it does seem to be true:

918. ART. 118. MURDER

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. (emphasis added)

However, there are other parts of the UCMJ that also carry the death penalty and don't require premeditation, like

809. ART. 90. ASSAULTING OR WILLFULLY DISOBEYING SUPERIOR COMMISSIONED OFFICER
899. ART. 99. MISBEHAVIOR BEFORE THE ENEMY
904. ART. 104. AIDING THE ENEMY
913. ART. 113. MISBEHAVIOR OF A SENTINEL OR LOOKOUT

You get the idea -- I hope they're able to get him on one of these charges even if the evidence for premeditation is weak.

[68skylark]

Thanks for your good comment.

I meant to say in my reply that I agree with your comment that premeditation may be required in order to apply the death penalty for murder.

I don't quite agree with the part of your comment where you say that muder is the only crime eligible for death in a military trial.

I'm sorry if my reply to you was too long -- I'm just very interested in this topic.

[Modernman]

You get the idea -- I hope they're able to get him on one of these charges even if the evidence for premeditation is weak.

Raising any type of mental illness defense is always a "Hail Mary" play by the defense. People who are really crazy never make it to trial- the prosecutor and defense attorney agree ahead of time that the defendant is clearly not legally sane. In civilian criminal trials, an insanity defense that is contested by the prosecution succeeds something like 5% of the time. I doubt the success rate is any better in military courts (which, in many ways, actually give the Defendant more protection than civilian courts).

If I was a betting man, I'd put good money down that this douchebag has an appointment with the Grim Reaper in his future.

[68skylark]

If I was a betting man, I'd put good money down that this douchebag has an appointment with the Grim Reaper in his future.

I don't know -- I worry there will be 20 years of appeals.

But I hope you're right -- let's keep a happy thought about that!

[Proud Conservative2]

If he doesn't get the death sentence, then we might as well eliminate it altogether. We have all these laws, then some bleeding hearts start making excuses for the criminals and we don't enforce the law as it was intended.

[68skylark]

I agree with you. This case just cries out for the death penalty. He attacked multiple officers, in a combat zone, on the eve of an invasion, and killed two. He's worse than a civilian criminal -- he was trying to cripple our ability to defend ourselves.

The military seems reluctant to carry out a death sentence. (Maybe they think it's bad for their image and for recruiting, or they're worried about the racial overtones -- I don't know.) But I don't think they can avoid it in this case.