By ESTES THOMPSON, Associated Press Writer
FORT BRAGG, N.C. - Prosecutors called rebuttal witnesses Wednesday at the court-martial of an Army sergeant accused of killing two officers in a grenade and rifle attack, after defense attorneys rested their case in their bid to spare the soldier the death penalty.
AP Photo
AP Photo
Slideshow: Soldier on Trial for Grenade Attack
Sgt. Hasan Akbar, 33, is charged with two counts of first-degree murder and three counts of attempted first-degree murder in the attack on fellow members of the 101st Airborne Division and others in Kuwait.
Akbar's lawyers do not dispute that he carried out the attack three days after the start of the U.S.-led invasion of Iraq in March 2003, but hope to spare him a possible death penalty by showing he was mentally incapable of premeditation. They called nine witnesses on Monday and Tuesday.
The first rebuttal witness was Akbar's former company commander, Capt. Darmen Place, who said he asked Akbar — a Muslim — if he was comfortable with combat duty in Iraq and that Akbar responded he had no problems with it.
Defense witnesses have testified that Akbar was concerned U.S. soldiers would killed Muslims and rape Iraqi women.
Place said Akbar wasn't the best soldier he knew, but had potential to be better. "He came to work every day and did his job ... mediocre at best," he said.
Prosecutors also said they planned to call as a rebuttal witness a psychiatrist who examined Akbar for a military sanity board.
The judge, Col. Stephen Henley, told the 15 jurors they could expect closing arguments and deliberations Thursday.
Most of Tuesday's defense testimony was taken up by a psychiatrist who agreed with prosecutors under cross-examination that Akbar was sane and knew the consequences of his actions.
Dr. George Woods Jr. of Oakland, Calif., initially testified under defense questioning that Akbar may have suffered from forms of schizophrenia and depression at the time of the attack.
But when questioned by Army prosecutor Lt. Col. Michael Mulligan, Woods acknowledged he had ruled out a diagnosis of insanity.
Woods reluctantly said "yes" when asked if Akbar "understood the natural consequences of the act" when he threw grenades into three tents at Camp Pennsylvania in Kuwait. Woods attempted to explain, but Mulligan pressed simply for the yes or no answer.
Woods, who has been paid as much as $14,000 so far by the government for his work, also said Akbar understood that a hand grenade was a lethal weapon and exhibited ability to make plans, although he noted that Akbar's plans were frequently unsuccessful.
Earlier, Woods testified that Akbar had a family history of mental illness that hampered his ability to function as he got older.
An Army captain and an Air Force major were killed in the attack. Fourteen soldiers were wounded.
:MAD
FORT BRAGG, N.C. - Prosecutors called rebuttal witnesses Wednesday at the court-martial of an Army sergeant accused of killing two officers in a grenade and rifle attack, after defense attorneys rested their case in their bid to spare the soldier the death penalty.
AP Photo
AP Photo
Slideshow: Soldier on Trial for Grenade Attack
Sgt. Hasan Akbar, 33, is charged with two counts of first-degree murder and three counts of attempted first-degree murder in the attack on fellow members of the 101st Airborne Division and others in Kuwait.
Akbar's lawyers do not dispute that he carried out the attack three days after the start of the U.S.-led invasion of Iraq in March 2003, but hope to spare him a possible death penalty by showing he was mentally incapable of premeditation. They called nine witnesses on Monday and Tuesday.
The first rebuttal witness was Akbar's former company commander, Capt. Darmen Place, who said he asked Akbar — a Muslim — if he was comfortable with combat duty in Iraq and that Akbar responded he had no problems with it.
Defense witnesses have testified that Akbar was concerned U.S. soldiers would killed Muslims and rape Iraqi women.
Place said Akbar wasn't the best soldier he knew, but had potential to be better. "He came to work every day and did his job ... mediocre at best," he said.
Prosecutors also said they planned to call as a rebuttal witness a psychiatrist who examined Akbar for a military sanity board.
The judge, Col. Stephen Henley, told the 15 jurors they could expect closing arguments and deliberations Thursday.
Most of Tuesday's defense testimony was taken up by a psychiatrist who agreed with prosecutors under cross-examination that Akbar was sane and knew the consequences of his actions.
Dr. George Woods Jr. of Oakland, Calif., initially testified under defense questioning that Akbar may have suffered from forms of schizophrenia and depression at the time of the attack.
But when questioned by Army prosecutor Lt. Col. Michael Mulligan, Woods acknowledged he had ruled out a diagnosis of insanity.
Woods reluctantly said "yes" when asked if Akbar "understood the natural consequences of the act" when he threw grenades into three tents at Camp Pennsylvania in Kuwait. Woods attempted to explain, but Mulligan pressed simply for the yes or no answer.
Woods, who has been paid as much as $14,000 so far by the government for his work, also said Akbar understood that a hand grenade was a lethal weapon and exhibited ability to make plans, although he noted that Akbar's plans were frequently unsuccessful.
Earlier, Woods testified that Akbar had a family history of mental illness that hampered his ability to function as he got older.
An Army captain and an Air Force major were killed in the attack. Fourteen soldiers were wounded.
:MAD