JAG CENTRAL

From the AP (via KUTV.com), word that a military panel has sentenced convicted double murderer Army SGT Hasan Akbar to death:

The jury had reached a verdict at one point Thursday only to have one member request reconsideration. A military judge sent the 15-member panel back to vote early Thursday evening on whether to reconsider their decision.

The break came after six hours of deliberations in the sentencing phase of the trial of Sgt. Hasan Akbar, a Muslim convert described by prosecutors as a religious ideologue and by his attorneys as mentally ill.

He faced either a death sentence, life in prison without parole, or life with parole for the March 2003 attack, which also wounded 14 fellow members of the Army's 101st Airborne Division.
....
Akbar would join five others on the military's death row at Fort Leavenworth, Kan. The last U.S. military execution was in 1961.

ANALYSIS: Not a surprising verdict here. The last military death sentence was handed down against an Army soldier who shot and killed several unarmed Army Rangers while they were running in formation. This crime seems equally as heinous. Moreover, the defense team presented a paltry sentencing defense. There were virtually no witnesses who could humanize the defendant. His parents and family didn't testify; there was no testimony from even the most distant of acquaintances. Look for an ineffective assistance of counsel claim here.

What comes next? The case will be forwarded to the XVIII Airborne Staff Judge Advocate, who will make an independent review of the verdict and sentence. This document is called an SJAR. Once this is completed, the convening authority (the XVIII Aiborne Corps Commander) decides whether or not to approve, amend, or set aside the sentence. After this, an automatic appeal under Article 66, UCMJ, occurs in the US Army Court of Criminal Appeals. Most likely, the US Court of Appeals for the Armed Forces will review the sentence as well, as they have for the other five military members on death row. UPDATE: As a reader correctly points out, both the CG and SJA of Fort Bragg are deployed to Iraq; therefore, the senior general at Ft. Bragg and the senior judge advocate will handle post trial matters.

How likely is it that Akbar will ever face the needle? It's hard to say. There hasn't been a military execution since 1961. Some of the soldiers on death row have been there for over 10 years while the appeals process continues.

Wrapup of all Akbar related posts:
1. AKBAR SORRY, PANEL CONSIDERS DEATH
2. AKBAR TO TAKE STAND (DAY THREE UPDATE)
3. AKBAR PENALTY PHASE DAY TWO
4. AKBAR PENALTY PHASE DAY ONE
5. AKBAR GUILTY OF "FRAGGING" MURDER
6. AKBAR TRIAL UPDATE #7
7. AKBAR TRIAL UPDATE #6
8. AKBAR TRIAL UPDATE #4
9. AKBAR TRIAL UPDATE #3
10. AKBAR TRIAL UPDATE #2
11. "FRAGGER" TRIAL OPENING ARGUMENTS
12. ALLEGED "FRAGGER" JURY SELECTED
13. "FRAGGER" TRIAL JURY SELECTION UPDATE
14. JURY SELECTION BEGINS IN ARMY SGT. AKBAR "FRAGGING" CASE
15. AKBAR COMPETENT TO STAND TRIAL
16. FRAGGER TRIES TO ESCAPE
17. "FRAGGER" COURT-MARTIAL DATE SET (OLD BLOG)
18. ALLEGED "FRAGGER" FACES COURT-MARTIAL (OLD BLOG)