JAG CENTRAL

Army SGT Hasan Akbar listens to opening arguments in his murder trial (AP)

Breaking news on opening arguments in the trial of alleged "fragging" double murderer Army SGT Hasan Akbar (from the AP via ABCNews.com):

An Army sergeant on trial for an attack that killed two officers in Kuwait suffered from mental illness for years and could not have planned it, defense lawyers told a military jury during opening statements Monday.

Defense lawyer Maj. Dan Brookhart acknowledged Sgt. Hasan Akbar committed the March 2003 grenade and firearm attack, but said he was not capable of the premeditation required for his client to be eligible for the death penalty. He said his client's mental illness was triggered by his stepfather's sexual abuse of his sister.

A military prosecutor responded by telling the jury that evidence would show Akbar planned the attack, including his diaries and the disappearance of grenades from a truck Akbar had been assigned to guard.

Even by military standards, the opening arguments went rather quickly. Already, the first two witnesses have testified:

Air Force Capt. Mark Wisher, who lived in the same tent as Stone, testified that he heard someone at the entrance to the tent yell that there was an attack. Seconds later, "I heard something hit the wooden floor of our tent and then bounce. I've seen movies, Hollywood movies, and grenades sounded like that."

Wisher said he was blown through the air by the blast and both he and Stone were left covered in blood. Wisher was wounded on the right side of his body and suffered a collapsed lung, lacerated liver and punctured diaphragm.

He described Stone yelling for help as blood spurted from a neck wound. Despite his wounds, Wisher cradled Stone's head and said Stone looked up at him as his breathing became labored.

Lt. Col. Ken Romaine, the first officer to be attacked, said he was shot as he left his tent to see what was happening. The camp, normally well lit, was in darkness, he said.

"As I turned, I was shot," he said. "All I saw was a flash. I'd been shot through the hand. The bullet went through both hands and deflected down my left thigh."