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Government Wraps Up Case In Akbar Trial - Defense Testimony Expected To Begin Monday
AP ^ | 3:53 pm EDT April 14, 2005 | AP

Posted on 04/15/2005 6:48:00 PM PDT by Former Military Chick

FORT BRAGG, N.C. -- The government rested its case Thursday in the court-martial of an Army sergeant accused of attacking his fellow troops in Kuwait two years ago.

Sgt. Hasan Akbar is charged two counts of murder three counts of attempted murder in connection with the March 2003 grenade and rifle attack on members of the 101st Airborne Division. Two officers were killed and 14 other people were injured in the attack.

Government witnesses testified Thursday about crime scene photos and evidence, forensics and Akbar's diary.

Akbar has written in a diary for years, but prosecutors are limited to more recent entries. They read two entries from early February 2003 and, at the insistence of defense attorneys, three earlier entries.

Prosecutors contend that the diary entries show Akbar planned the attack. The defense has maintained that the soldier was so mentally ill that he couldn't possibly have planned it.

The prosecution also read into evidence Thursday stipulations of fact concerning expert witness testimony.

The trial is expected to resume on Monday morning, when defense attorneys will begin presenting their case.

Akbar could face a death sentence if convicted.


TOPICS: Front Page News; News/Current Events
KEYWORDS: 101st; courtmartial; ftcampbell; hasanakbar; murder; ucmj
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I have to say that sometimes I just do not understand our court system. The idea that a trial for child molestation (Jackson case) is still in the prosecution stage and will be for weeks to come and this trial, of murder has now moved to the defense after only one week is beyond me.

There are 2 men dead. There are issues of his mental status. Frankly the defense now seems to have a good vantage point from where I sit. I suppose the prosecution can reopen their side, or rebuttal, I just do not know when it comes to military trials.

But, it just doesn't seem that you can prove your case of murder, and ask for the death penalty after a week of testimony from the prosecution. The trial started April 11, 2005. For 2 years the victims families have waited. There was no tesitmony today. Did they prove their case in 4 days?

I am just a bit disappointed folks.

1 posted on 04/15/2005 6:48:00 PM PDT by Former Military Chick
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To: 68skylark; Dubya; stm; TexKat; JesseHousman; JohnHuang2; mhking; orionblamblam; Bombardier; ...

UPDATE PING


I am angry and disappointed and I would perhaps only repeat what I have already posted in comment #1.


2 posted on 04/15/2005 6:53:30 PM PDT by Former Military Chick
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To: Former Military Chick
"The defense has maintained that the soldier was so mentally ill that he couldn't possibly have planned it."

Being a Muslim is no excuse.

3 posted on 04/15/2005 6:56:01 PM PDT by yooper (If you don't know where you're going, any road will take you there......)
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To: Former Military Chick

So am I. Thanks for the ping.


4 posted on 04/15/2005 6:58:17 PM PDT by international american (Tagline now flameproof....purchased from "Conspiracy Guy Custom Taglines"LLC)
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To: yooper

What I find most interesting, there is no muslim group getting on the airwaves making a case for this soldier. There are no anti war groups making a bid that he is mentally ill.

It is kind of interesting.


5 posted on 04/15/2005 6:59:22 PM PDT by Former Military Chick
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To: Former Military Chick
Did they prove their case in 4 days?

I have had the duty to sit on courts martial. Trust me, they are equal or better than the civil counter parts you are familiar with. In a court martial the membership does not require all of the background material that a civil jury would. Additionally, the "hoopla" in which civil attorneys indulge, is limited or completely eliminated in a court martial. While the rules of evidence and legal protections for the accused are generally the same, the military judge is far less prone to allow wandering away from the topic with Johnny Cochran tactics. The net result is a much faster and more direct trial.
6 posted on 04/15/2005 6:59:54 PM PDT by Lucky Dog
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To: Former Military Chick
Juxtaposed are military trials shorter than those for the general public? I'm rather disappointed myself that the prosecution has rested so soon.
7 posted on 04/15/2005 7:01:33 PM PDT by armymarinemom (My sons freed Iraqi and Afghanistan Honor Roll students.)
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To: Former Military Chick

It's a cut and dry case. There is no question that he did it. All that remains is the insanity thing, and I expect that when THAT fails, they will go to extenuating/mitigating circumstances, which will also fail. This is UCMJ, not a federal or state court.....BIG difference.


8 posted on 04/15/2005 7:01:48 PM PDT by Vn_survivor_67-68
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To: Former Military Chick

'But, it just doesn't seem that you can prove your case of murder, and ask for the death penalty after a week of testimony from the prosecution.'

This isn't the state courts of California.

'For 2 years the victims families have waited.'

I agree this sucks.

'There are issues of his mental status. Frankly the defense now seems to have a good vantage point from where I sit.'

You won't have an OJ jury. I believe he'll get death, question is whether it will be carried out swiftly.


9 posted on 04/15/2005 7:03:37 PM PDT by xone
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To: Former Military Chick
I likewise have experience as an officer with the court-martial process. You would be amazed at how well things run when everybody on the panel -- and the judge -- are responsible adults. Civilian judicial proceedings are, by and large, a zoo in comparison. I will be VERY surprised by any verdict/sentence combination less than life without parole.

And, just to get a jump on things, since the appeal process is mandatory and prescribed, it will also take place very rapidly. If I remember correctly, the young Ft. Bragg soldier who beat another soldier to death with a bat about 5-10 years was tried, convicted, and all appeals exhausted 90 days after the court-martial opened.

10 posted on 04/15/2005 7:08:52 PM PDT by aBootes
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To: Lucky Dog

I suppose I am a bit more calm after my initial outrage.

I mean he did admit to doing this. He words were admissible. He had written those entries into his diary and frankly the defense does not deny it.

I guess, even with as good as the military justice system is, I just found 4 days short. But, after discussing with beloved who is Active Duty, and like you is quite aware of equal if not better the prosecution will now have the opportunity to cross examine all the defense witness where I hope they will shine as I they ought to.

I think I was side tracked for a moment thinking of other murder trials, where the defense is I am not guilty, not so by Akbar. I think there is much left for the prosecution to do, I know they have the skill, lets hope the nip all the defense witness in the bud.

Thank you for your point of view.


11 posted on 04/15/2005 7:12:43 PM PDT by Former Military Chick
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To: Former Military Chick

Do not dispair. I expect a military court to be more fact-driven and less emotional than civilian courts. I don't think it will take much to prove that he did it.


12 posted on 04/15/2005 7:13:50 PM PDT by SmithL (Proud Submariner)
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To: armymarinemom

When you have a moment you might read my comment 11. I think I jumped the gun a bit. I went and talked with Dave who offered a few thoughts that I crowded out in my shock over the prosecution resting.

He admitted that he did it, there are witnesses that saw him do it, actually victims who lived, his diary says he did it .. so now the defense will say he was nut's and we can hope the prosecution will step up to the plate and cross the defense witnesses with all they have .... and if they do the job they are able to do ... then I am confident the jury can impose death.

Thanks as always for your wonderful comments!


13 posted on 04/15/2005 7:16:40 PM PDT by Former Military Chick
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To: Former Military Chick
I was a member of a court martial panel in the 1980's. I sat on the trial of an accused drug dealer. Two days of testimony and less than 15 minutes of deliberation. I wonder if he is still in prison.
14 posted on 04/15/2005 7:17:05 PM PDT by Stonewall Jackson (Our Constitution was made only for a moral and religious people. - John Adams)
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To: yooper

>>"The defense has maintained that the soldier was so
>>mentally ill that he couldn't possibly have planned it."

>Being a Muslim is no excuse.

'Muslim' and 'mental illness' are synonymous, IMO.


15 posted on 04/15/2005 7:19:07 PM PDT by RobinOfKingston (Don't let the judiciary come between you and your feeding tube!)
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To: xone

I appreciate your comment, thank you for clearing up a few items that allowed my emotions to overtake.

I agree, if the prosecution momentum continues with the defense witnesses then the jury can and should bring back a death sentence.


16 posted on 04/15/2005 7:19:18 PM PDT by Former Military Chick
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To: yooper

Islam being properly classed as a mental illness ......

But I don't care what we call him so long as we call him dead.


17 posted on 04/15/2005 7:20:02 PM PDT by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: Former Military Chick
What I find most interesting...

What I find interesting is the total lack of MSM coverage, the FACT that it has taken 2 years to bring this piece of trash to trial and the lack of interest on FR.

This incident is an example of what we face and the enemy within. It's LIFE or DEATH people! The sub humans will not stop killing. Are we used to the never ending killing now? Is anyone tuned in? Not Congress. They think it's important to ban lighters 3 years after the Richard Reed incident - matches are still allowed. Bush thinks our borders should be wide open.

Rant over

Rest in peace Army Capt. Christopher Seifert, 27, who was shot in the back, and Air Force Maj. Gregory Stone, 40, who suffered 83 shrapnel wounds. I mourn your death.

18 posted on 04/15/2005 7:20:21 PM PDT by Selene
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To: Former Military Chick
It's good to hear your views, because my views are just the opposite. That's what I like about FR -- "our strength is our diversity" you might say!

I can only admire the way the military justice system works. Minor trials are handled in a day or two, while the most serious matters take a week or two. Nearly everyone on the jury is a well-trained professional with a college degree (at a minimum). To me, that sounds like an ideal situation -- especially when compared to the shenanigans and grandstanding and histrionics we find in civilian trials, from the prosecution AND defense.

I admire the way the military conducts their trials, and I think they've got a strong case against Akbar. Time will tell -- and it won't take a lot of time either.

19 posted on 04/15/2005 7:37:48 PM PDT by 68skylark
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To: Selene
What I find interesting is the total lack of MSM coverage.

I don't worry about what the MSM covers or doesn't cover. Nobody cares about them.

20 posted on 04/15/2005 7:39:17 PM PDT by 68skylark
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