G.I. Suspect in Murder of Capt. Chris Seifert Likely to Face Death

Express-Times ^ | 3/25/03 | Bill Cahir

[Dr. Scarpetta]

The enlisted man who allegedly opened fire after rolling grenades into an officers' tent on Sunday morning, killing a Lehigh Valley native, will be tried before a regular military court and likely will face the death penalty, according to legal experts.

The Army has launched a formal investigation into the murder of Army Capt. Christopher Seifert, a Army captain in the 101st Airborne Division.

A grenade attack followed by a round of fire took the life of the 27-year-old officer and wounded 15 other soldiers at 1:22 a.m. Sunday at Camp Pennsylvania, Kuwait.

Pentagon spokesmen and Army officials would not comment directly about the case against Sgt. Asan Akbar, a black convert to Islam and the only suspect in the case.

"We probably have a lot of the same questions that you have at this point," said Marc Raimondi, spokesman for the Criminal Investigation Division at Fort Belvoir, Va.

"Since this incident occurred, we've certainly made a lot of progress. But we're not in a position where we can put out a lot of details."

Military lawyers and legal scholars said Akbar was a logical candidate to be tried before an ordinary court-martial proceeding. No kind of special war-crime tribunal would be needed.

"He's a regular member of the armed forces, so (Akbar) would be subject to the Uniform Code of Military Justice," said Mark O'Hara, member of the board of directors for the Judge Advocates Association, a Washington, D.C.-based group for current and former military lawyers.

Service personnel under the Uniform Code are entitled to defense counsel and a jury by their peers. Those convicted of murder "shall suffer death or imprisonment for life," the law states.

Harry Reicher, a professor of law at the University of Pennsylvania Law School and an expert on matters involving international law and human rights, noted the Screaming Eagles were deployed at the time of Seifert's killing.

That fact could constitute an aggravating factor in the case, especially at time of sentencing.

A homicide charge no matter what the circumstance would prove a serious matter, Reicher explained. An attack aimed at thwarting a military mission likely would be seen by an Army jury as an especially deplorable crime requiring severe punishment.

Reicher nonetheless expressed confidence in the court-martial process, saying Akbar would be presumed innocent, represented by an Army lawyer and afforded a fair trial.

"There is no inherent reason to doubt ultimate fairness of the system," Reicher said. "And I would say, in the era in which we live today, there is an added safeguard in the knowledge of public scrutiny."

Eugene Fidell, a Washington, D.C.-based attorney who has lectured on military law at Yale Law School, said the Army was unlikely to pursue a treason complaint against Akbar even if it were to file homicide and attempted murder charges against him.

"People have talked about treason, making war on the United States," Fidell said. "I consider that unlikely. It's not unheard of for an enlisted man to kill an officer."

A notorious precedent involves a similar attack at Bien Hoa, Vietnam.

Pvt. Billy Dean Smith, a black enlisted man from Los Angeles, was charged with killing two white lieutenants by rolling a grenade into their tent in March 1971. Smith spent two years in an Army prison before he was acquitted of the crime.

An opponent of the Vietnam War, Smith claimed he was singled out for a cursory investigation by his superiors. The trial established that a grenade pin that Smith possessed at the time of the crime did not match the type used in the attack.

Raimondi offered a commitment to Seifert's family, claiming the Kuwait case would be investigated thoroughly and professionally by CID investigators, who work for combatant commanders around the globe.

"The Army Criminal Investigation Command offers its condolences to the families harmed by this incident, and we're going to work tirelessly to do our part in achieving justice for the loved ones of those soldiers," Raimondi said.

Bill Cahir is Washington correspondent for The Express-Times. He can be reached at 202-383-7848 or by e-mail at bill.cahir@newhouse.com.

[countrydummy]

I still think that once he is tried and convicted, that he should face the families of his victims and stoned to death! Is that not the way of Islamic Law?

[Let's Roll]

If he is not executed, it breaks faith with and will be a slap in the face to all the brave young Americans who have volunteered to literally put their bodies between us and evil we can't even imagine.

[Kerberos]

"This means he gets a military defense lawyer (no Johnny Cochoran"

I believe that the accused is able to retain their own counsel although there may be some provision that their chosen counsel receive military approval, i.e. they have to understand military law.

838. ART. 38. DUTIES OF TRIAL COUNSEL AND DEFENSE COUNSEL
(2) The accused may be represented by civilian counsel if provided by him.

[Fithee]

He should be tried promptly and the sentence executed swiftly.

Muslims can not be trusted. They are citizens of the 'Virtual Nation of Islam' and are in our country under a subterfuge. Their real goal is to become a sizable political bloc and make life miserable for Americans and immigrants who want to become Americans. Many immigrants have escaped the evils and murderous inclinations of Islam in other lands.

Soon France, Germany, and England will be in deep sh*t if they do not take action to halt all Muslim immigration and take steps to begin expelling them to Islamic countries of their choice.

WE MUST DO THE SAME!! We must Isolate Islam and let them kill each other. They are good at this. National security reasons demand this. This will ne a great gift to our children and grandchildren

[reagan_fanatic]

Death is too good for him.

Indefinite solitary confinement in a small, cramped, dark concrete room for the rest of his miserable life would be a good start.

Perhaps we could pipe in Slim Whitman on a continuous loop tape for added measure...

[MrNeutron1962]

Sorry, "Suspect’s Rights

2. Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me, or a civilian lawyer obtained at no expense to the government, if the government intends to continue questioning me. If I decide to consult with a lawyer, I have the right to have an appointed military lawyer, a civilian lawyer obtained at no expense to the government, or both, present during any further questioning. "

Article ARTICLE 31(B), UCMJ.

He gets whatever lawyer he can afford. Just look in the Yellow Pages near any Military base, they are full of adds for Civilian Lawyers willing to take cases under the UCMJ.

[God luvs America]

This will get your blood boiling.....

About an hour ago on CBS they had the step-father, brother and lawyer for traitor Asan Akbar....its' starting now.

According to the step father people must realize the "stress" soilders are undergoing for being in a war they don't want to fight in; when later questioned on his point he never expanded on the thought.

His step-father then said when he sat down with him (Akbar) and had breakfast three years ago around Christmas, Asan Akbar was very distressed about how hard it was for a black man to make rank in the military (as we speak a black general is on my television holding a press conference at Centcom) and it was not right.

Finally Akbar has been a God fearing Muslin since the age of six.

Then it was the turn of the very angry looking brother to speak. He was actually contrite and said he can't belive his brother did this, he was always a nice guy.

Finally the lawyer made me run to the toilet and vomit. First the guy was ill-informed "I understand Assan has a bachelor's degree in engineering from a university in California," and totally oblivious to the facts, "people must realize how this has traumatized the Akbar family."

At no time did they ever express heartfelt condolences for the soilder killed, HIS family, or the other soilders wounded! What a load of crap.

[CygnusXI]

"...Likely to face death"
.
.
He should have faced high speed lead, about 10 minutes after the fact.

[cynicom]

Hang the man.....However, jury of his peers will not happen.

[BibChr]

It's a shame, to me, that this isn't just one of those things that is universally considered a

DUH!!!

Dan

[livius]

What really needs to be investigated is why this guy wasn't in the brig after making comments like this.

Frankly, I don't see why members of organizations hostile to the US are even accepted in the military. I believe that people can get kicked out of the military if they are found to be members of the Ku Klux Klan, for example. I think Black Muslims should also be subject to this, since their organization is notoriously hostile to the US government.

[harpseal]

If Asan akbar is not already in an Army Stockade in the USA I am certain he soon will be. I personally think he should face every charge and specification possible from this incident including treason and mutiny in a combat zone along with murder and attempted murder. Following conviction he should face the maximum sentence possible.

I am unsure why he was allowed to stay with his unit following the alleged statements he made prior to the incident. IMHO he should have been at least separated pending a full loyalty investigation. We now have a couple of incidents of American military personel engaging in direct anti-American behavior. There was that sailor form Washington state, and a couple of more associated with Al Qaeda affiliates. I think we had best start doing some investigations of some of the muslims in our military including the reserves.

[thisiskubrick]

"People have talked about treason, making war on the United States," Fidell said. "I consider that unlikely. It's not unheard of for an enlisted man to kill an officer."

He makes it sound like it happens all the time.

[John123]

Try pursuing the Muslim rage defense! Maybe the jury will fall for it.

Quick question, are the juries comprised of officers only (A Few Good Men) or anybody serving in the military?

[theDentist]

My understanding is that the use of the DP for a murder by a serviceman during peacetime or during war but while not at the front would be hanging. But if you're at the front, firing squad.

[OperationFreedom]

just a whole lotta stuff I like in this article.

[KansasConservative1]

I was totally offended by the step-father interview. Never once did he have any remorse for the death and injuries. It was all... someone pushed him to do it... the stress of war and then if that was not enough he played the race card. I was in the AF 10 years and regardless of your race, your promotion was in your own hands. One thing I can tell you is there is mention that Adnan had a "bad-attitude" and was not allowed to advance to the front lines with his fellow Army members. You have to have a REALLY BAD ATTITUDE to be prohibited to advance during war. Hey step-father, maybe it was his attitude that prevented his promotion???? Ya think?

[Pan_Yans Wife]

The Execution of Eddie Slovik is the name of the movie... starring, GUESS WHO???

MARTIN SHEEN!

[stevio]

I will be waiting for that moment.

[Dr. Scarpetta]

What really needs to be investigated is why this guy wasn't in the brig after making comments like this.

There's a lot of outrage and sadness here in the Easton area about this death.