LAW FROM THE CENTER

Nearly a year after Sgt. Hassan Akbar allegedly threw several hand grenades into a 101st Airborne Division headquarters tent and killed two soldiers, word came Thursday from WRAL-TV (Fayetteville, NC), that the Muslim soldier will stand trial for capital charges. The case was transferred from Fort Campbell, KY, the 101st Division home base, to Fort Bragg, NC, home of the 18th Airborne Corps, the 101st's higher headquarters. It was transferred because most of the 101st is still engaged in or recovering from operations in Iraq. In order to adjudge a death sentence, all 12 panel members must unanimously agree. The defense theory is that there were no eyewitnesses to the crime, and that Sgt. Akbar is being unfairly singled out because he is Muslim. Once charges were referred Thursday from Lieutenant General John R. Vines, the Corps commander and the convening authority, the government has 120 days to begin the trial, not counting any defense-requested delays.

CORRECTION: As the first commenter to this post correctly pointed out, the 120-day speedy trial clock begins when charges are first brought OR when pre-trial confinement begins, whichever is earlier. It is already running when the convening authority refers charges for trial.