Posted on 05/02/2005 9:03:30 AM PDT by Former Military Chick
RALEIGH, N.C. — Relatives of those killed in Sgt. Hasan Akbar's grenade attack on his comrades said yesterday that he deserved a jury's death sentence, but experts in military law say it's hardly certain the execution will ever happen.
The military hasn't executed one of its own since 1961, while states have put scores of civilian killers to death. Experts say the key difference in military justice is the role of the president, who, unlike a governor, must take an active role when a service member gets the ultimate punishment.
''It is unique to the military justice system that there has to be an affirmative approval by the president of the United States,'' said Eugene R. Fidell, president of the National Institute of Military Justice in Washington. ''Clearly, there's no rush to judgment.''
Five people are on military death row, three whose cases are in the appeals process and two who are awaiting action from the president.
Fidell pointed out that even though current President Bush and past President Clinton came from states that had records of executions, neither has put his name to a military execution.
The last time that happened was in 1961 when President Kennedy signed off on the hanging of Army Pfc. John A. Bennett for the rape and attempted murder of an 11-year-old Austrian girl.
Akbar was sentenced Thursday to die by lethal injection for killing Capt. Chris Seifert, 27, and Air Force Maj. Gregory Stone, 40, in a March 2003 attack on the 101st Airborne Division at Camp Pennsylvania in Kuwait in the early days of the Iraq war.
Relatives of Akbar's victims said they thought it was appropriate.
''Nothing can undo the irreparable damage he has caused,'' said Tammie Eslinger, Stone's fiancee. ''But today, I will find comfort in knowing that justice has been served.''
Theresa Seifert, widow of Chris Seifert, said she and her family were satisfied with the death sentence and pointed out that the victims ''will not be returning into the arms of those who loved them.''
While the 34-year-old Akbar sits on the military's death row at Fort Leavenworth, Kan., his punishment still could be years away. He is afforded automatic appeals to two military appeals courts and can appeal to the U.S. Supreme Court.
A military appeals court overturned the military death sentence previous to Akbar's, given to Sgt. William Kreutzer for killing an officer and wounding 18 soldiers by firing on a formation of 1,300 troops at Fort Bragg in 1995.
Even if a military death sentence clears all appeals, it must go to the president, and approval is uncertain.
Scott Silliman, a former Air Force lawyer and director of Duke's Center on Law, Ethics and National Security, said, ''The president, regardless of his political party, senses that to approve the execution of a member of the military is almost to make a political statement. There is more benefit than risk in not approving it.''
Learn something new everyday.
W has no problem with capital punishment. By the time the appeals process is over Bush will not be in office. Texas has capital punishment on the convenience line plan. As it should be. Lawyers don't care for it much.
My money is on no execution.
Less litigation = less money
Actually the appeals process moves a great deal faster in the miltiary courts. But I do agree, I doubt Bush will be in office when it is time to sign the warrent.
Having said that, no matter who is in office, they in sound mind would never allow the man to breath any extra air then is needed. He/she will only have to think of the victims and the children whom he has caused sorrow that can not be qualified.
Akbar will outlive us all.
Death by Lethal injection: I would like to lethally inject a big knife between his shoulder blades, Stab him in the back like he did his fellow soldiers when he fragged them.
He will be looking forward to death after some time in Leavenworth. Not quite as nice and refined as civilian type prisons.
He should have not been allowed to contaminate American soil. He should have been tried in Kuwait and executed there.
I say put him in general population at one of many prisons around the country. Bush won't need to get involved, nor will there be a lengthy appeals process.
What can one truely say, but that we americans are really stupid. I'm sorry let me rephrase that. You all are really stupid. I am not dumb to the fact that he killed his commrades. But why must he die for what he believes in. America is Satan in the form of a country and as long as you are white you are protected. That might not be true in written form, but if you open your eyes you will know exactly what I am talking about. How can a man walk in a school and kill kids and teachers and recieve only life, knowing that in abou 15 - 20 years he will be released after you all find some reason to do so. Why can't he deserve to die. You'll wanted to know who made Sgt. Akbar god or the Musslims god, well weho made you god. You are so blinded by your own sins that you don't even recongize your own. I am really starting to depise this country and I am starting to look up to those that rebell agaisnt this stupid nation of really smart idiots and dumbbies that swear that wrong is right and if you are not wrong then you are evil. You'll really need to start reading more books and stop looking at the distorted news showsa that are always going to be in the favor of america, EVEN WHEN THEY ARE WRONG!!!! You idiots
I opened my eyes and what did I see?
I see a troll!
Preserved for the ages.
"why must he die for what he believes in."
Very well, let me illustrate.
I come into your house and kill everyone in your home, AND it is in line with what I believe, is that a crime in your eyes or not?
Remember, it's 'in line with what I believe'.
IF you said I should be arrested for it, then your own post and statement in defense of the Fragacidal Sarge is shown to be a fallacy at best, outright barking moonbat drivel quite possibly, and used toilet tissue more than likely.
I am really starting to depise this country ...Sounds to me like you've been at it for awhile.
It's a troll who needs to learn about spell check. I got a headache just trying to figure out what he was trying to say.
Yes, spell check would do him some good if he could figure out how to use it.
But spell check only fixes typographical errors, it can't fix 'stupid' unfortunately.
So while it may have made the words themselves more clear, it probably would not have made the statements any more tangible.
*chuckle*
"...What can one truely say, but that we americans are really stupid. I'm sorry let me rephrase that. You all are really stupid. I am not dumb to the fact that he killed his commrades. But why must he die for what he believes in. America is Satan in the form of a country and as long as you are white you are protected...."
"I am not dumb to the fact"... the word should be ignorant, not dumb. But this diatribe proves both your ignorance as well as your stupidity. What color is scott peterson? What color is oj simposn? Case closed.
Or a college freshman trying out what he'd just learned in remedial composition.
Blow me.
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