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Troops Testify in Grenade Attack Hearing

Posted on: Wednesday, 18 June 2003, 06:00 CDT

Soldiers began testifying by a video link Wednesday from Iraq in a military hearing to determine whether a soldier will be court-martialed over a fatal grenade attack in Kuwait.

Sgt. Hasan K. Akbar, a 32-year-old Muslim, is accused of killing two officers and wounding 14 in the March 23 attack on a group of tents. Akbar's lawyers have not spoken publicly about the case.

The first witness, Capt. Dexter Mclendon, said he was awakened by a large noise that he thought was an accidental discharge of a weapon. He then heard two more explosions, the third of which was inside his tent. He responded by falling to the ground inside the tent, then cutting the tent to escape, Mclendon said.

Mclendon said he had problems sleeping for about a month after the incident, and things that would remind him of a grenade, such as a camera flash, would startle him.

As many as 23 people are expected to testify Wednesday via videoconference.

Staff Sgt. David Maier, an agent with the Criminal Investigation Division, testified Tuesday that he was briefed by a brigade commander, Col. Ben Hodges, who told him that Akbar talked about the crime after being read his rights.

According to Hodges, "Sgt. Akbar had made spontaneous statements related to the incident stating that he had done this act because we, or American soldiers, were going to kill and rape Muslims," Maier testified.

But when Maier questioned Akbar, Akbar invoked his right to have counsel present and the interview ended, the investigator testified.

Maier also said investigators found two incendiary grenades and one fragmentation grenade inside Akbar's gas mask case. Three empty grenade canisters and two grenade safety clips also were found inside a bag with Akbar's name on it, Maier said.

Army Capt. Christopher Scott Seifert, 27, of Easton, Pa., and Air Force Maj. Gregory Stone, 40, of Boise, Idaho, were killed in the attack.

The Article 32 hearing is similar to a civilian grand jury. If convicted at a court-martial, Akbar could face the death penalty.

The attack on officers from the Fort Campbell-based division's 1st Brigade happened days before the brigade was scheduled to move into Iraq.

Under cross-examination from Akbar's lawyers, Sgt. 1st Class Patricia Ann Lewis, the brigade's equal opportunity adviser, said there have been cases of Muslim soldiers' complaining about being treated unfairly.

Akbar, who is Muslim, had told relatives he was wary of going to war in Iraq, and his mother has said she was concerned he might have been accused because he is a Muslim.

It is the first time since the Vietnam War that a U.S. Army soldier has been prosecuted for the murder or attempted murder of another soldier during a period of war, said Maj. Steve Stover, an Army spokesman at the Pentagon.

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On the Net:

Fort Campbell: http://www.campbell.army.mil

Uniform Code of Military Justice: http://www.au.af.mil/au/awc/awcgate/ucmj.htm

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