American War Criminal Made to Answer for Crime

Posted on Fri, Apr. 01, 2005

Hearing delayed for sergeant charged in Kuwait grenade attack

WILLIAM L. HOLMES

Associated Press

FORT BRAGG, N.C. - An Army sergeant charged with killing two officers in a grenade attack in Kuwait two years ago is competent to stand trial, a military judge ruled Friday.

Sgt. Hasan Akbar, 33, is scheduled to undergo a court-martial this month in a March 2003 attack on fellow members of the 101st Airborne Division days after the start of the U.S. invasion of Iraq. Akbar is accused of stealing grenades from a Humvee and using them and a firearm in the attack.

At a final pretrial hearing held Friday evening after extensive delays, the military judge overseeing the case, Col. Stephen Henley, also ruled that photographs that Akbar’s attorneys had sought to keep out of the court-martial may be admitted as evidence.

But he upheld a defense request that diary entries Akbar wrote years before the attacks be barred.

Prosecutors had said the entries, some written as early as 1992, showed "intent, plan, motive" for the attack. But Henley said no diary entries written by Akbar prior to late 2002 and early 2003 would be admitted.

The hearing originally was scheduled for Wednesday. But two hours before it was to begin, Akbar fought with one of his military guards and both needed medical attention, the Army has said.

The Army has refused to release additional information about the incident, saying it is under investigation. The hearing was postponed to Friday afternoon.
On Friday, the hearing was delayed 1 1/2 hours, during which time the doctor who had conducted a competency exam on Akbar earlier in the day left without delivering his opinion to the court. That caused a further delay.

The session finally got under way at 7 p.m., with Akbar brought into the courtroom shackled at the legs and wrists and under close guard by a pair of military policemen. He remained in shackles throughout the 15-minute hearing. A large knot was visible on the back of his head.

The doctor did not testify, but Henley said Akbar had been found competent and that he would accept that finding.

Henley also ruled against a request by Akbar’s lawyer, Maj. Dan Brookhart, to bar prosecutors from showing jurors gruesome autopsy photos. The defense said the pictures would prejudice the panel against Akbar.

Brookhart argued last month that because lawyers plan to use an insanity or diminished capacity defense in Akbar’s trial, there was no need to use the photos to prove how the victims died.

Henley also approved the withdrawal of Akbar’s civilian lawyer, Denver-based Wazir Ali Muhammad Al-Haqq. Akbar will be represented at the court-martial by Brookhart and Maj. David Coombs.

Army Capt. Christopher Seifert, 27, and Air Force Maj. Gregory Stone, 40, were killed in the attack at Camp Pennsylvania, and 14 other soldiers were injured.
If convicted of two counts of premeditated murder and three counts of attempted premeditated murder, Akbar could get the death penalty.

Akbar has confessed several times to the attack and his lawyers plan to use an insanity or diminished capacity defense in his trial, so the defense does not intend to contest how Seifert and Stone died.

The case marks the first time since the Vietnam War that a soldier has been prosecuted for the murder or attempted murder of another soldier during wartime.
The judge has said jury selection will take place next week and testimony should start April 11. The entire court-martial is expected to last four weeks.