Posted on 04/11/2005 2:28:03 PM PDT by 68skylark
FORT BRAGG, N.C. (AP) -- An Army sergeant on trial for an attack that killed two officers in Kuwait suffered from mental illness for years and could not have planned it, defense lawyers told a military jury during opening statements Monday.
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. He said his client's mental illness was triggered by his stepfather's sexual abuse of his sister.
A military prosecutor responded by telling the jury that evidence would show Akbar planned the attack, including his diaries and the disappearance of grenades from a truck Akbar had been assigned to guard.
Prosecutors have previously said Akbar confessed to the fatal assault and told investigators he was worried that United States forces would harm fellow Muslims in the Iraq war.
Akbar's court-martial marks the first time since the Vietnam War that a soldier has been prosecuted for allegedly murdering another soldier during wartime.
Akbar is charged with two counts of first-degree murder and three counts of attempted first-degree murder and could be sentenced to death if convicted of premeditated murder. The attack killed Army Capt. Christopher Seifert, 27, and Air Force Maj. Gregory Stone, 40, and injured 14 other soldiers.
Air Force Capt. Mark Wisher, who lived in the same tent as Stone, testified that he heard someone at the entrance to the tent yell that there was an attack. Seconds later, ``I heard something hit the wooden floor of our tent and then bounce. I've seen movies, Hollywood movies, and grenades sounded like that.''
Wisher said he was blown through the air by the blast and both he and Stone were left covered in blood. Wisher was wounded on the right side of his body and suffered a collapsed lung, lacerated liver and punctured diaphragm.
He described Stone yelling for help as blood spurted from a neck wound. Despite his wounds, Wisher cradled Stone's head and said Stone looked up at him as his breathing became labored.
Lt. Col. Ken Romaine, the first officer to be attacked, said he was shot as he left his tent to see what was happening. The camp, normally well lit, was in darkness, he said.
``As I turned, I was shot,'' he said. ``All I saw was a flash. I'd been shot through the hand. The bullet went through both hands and deflected down my left thigh.''
During opening statements, Capt. John Benson, one of the three prosecutors handling the case, had said Akbar turned off a generator, cutting off the lights in an area of officers' tents. He then threw grenades into two tents and shot one victim in the back, he said.
Akbar's court-martial is taking place under tight security. Visitors are scanned with metal detectors, trained dogs sniff equipment and a half-dozen armed military police officers are on patrol.
The 101st Airborne Division is based at Fort Campbell, Ky., but his trial was moved to Fort Bragg, home of the division's higher command, the 18th Airborne Corps.
The jury of 15 was selected last week. Defense lawyers leaned toward jurors who said they had experience with mental health issues. One officer said his sister had problems after brain surgery. Others said they had dealt with soldiers who were sent for mental health evaluations.
Yeah, and I saw a moose eat some cheese when I was nine, so I killed my great-uncle.
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.
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..."
Yes; he is a radical Muslim. That is the problem, not a defense.
He`s Muslim so I totally agree that he is mentally ill.
I am given to understand by those close to the defense team that the glove will never fit!
Islam IS a mental-health issue.
http://www.freerepublic.com/focus/f-news/1381634/posts?page=15#15
...more on this with a pic of him..
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.
If this makes a person an Islamofacist, perhaps we should restudy the theories about Osama and his pet nanny goat?
Hang him.
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.
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.
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.
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!
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.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.