JAG CENTRAL

SGT Hasan Akbar; Note the Bulletproof Vest (AP/Washington Post)

From, the AP (via the Washington Post, news that SGT Hasan Akbar will make an unsworn statement in his defense tomorrow:

Facing a possible death penalty for his fatal attack on fellow soldiers, Sgt. Hasan Akbar will make an unsworn statement to the jury in his own defense, a lawyer said Wednesday.

The statement by Akbar is to come Thursday, the fourth day of the sentencing phase of his court-martial, said the defense lawyer, Maj. David Coombs. Akbar was convicted last week of premeditated murder and attempted murder in the March 2003 attack on the 101st Airborne Division at Camp Pennsylvania in Kuwait.

Akbar will speak from the witness box, and prosecutors will be able to call witnesses to rebut what he says, but will not be able to cross-examine him. Jurors will be warned that he is not speaking under oath.

Unsworn statements are pretty much standard operating procedure for military defense attorneys. They allow the defendant to make a personal statement and humanize his own image, without subjecting him to cross-examination. There was one defense witness today, SGT Akbar's former platoon leader:

Earlier Wednesday, Akbar's former platoon leader testified that officers had discussed removing Akbar from the Army before the attack but failed to act.

Capt. David Storch said Akbar's superiors in the 101st Airborne Division had talked about removing him through administrative procedures. He said they decided that such a move was too complicated to handle in a war zone, and there wasn't enough written documentation of Akbar's shortcomings.

"What he lacked was leadership," Storch said. "It took specific instructions. You really had to sit down and explain to him, do this and then do that."

However, he said he saw no signs of mental illness.

ANALYSIS: WOW...the guy is facing a firing squad, and the best his defense team can put up is one former disillusioned platoon leader and an unsworn statement. Where's his mother? Where's all his friends from high school saying what a great guy he was and how his life should be spared? Where's his islamic spiritual advisor saying what a spiritual guy he is and how he might be able to make his life somewhat worthwhile in prison? Is it me, or does it seem like the defense is "phoning it in" on this sentencing phase? THE GUY IS FACING DEATH. The defense should be drumming up anyone and everyone who ever said anything nice about him. Scott Peterson's lawyer did just that. It didn't work, but at least Garagos earned his money. But then, I guess you get what you pay for.