Languishing cases, including 1 in Texas, may show Army's reluctance
By ANDREW TILGHMAN
Copyright 2005 Houston Chronicle
After more than 40 years without an execution, the U.S. military could soon resume capital punishment as two death row inmates at Fort Leavenworth, Kan., are exhausting their final appeals and their cases move toward the Oval Office for a death warrant signed by the commander in chief.
The two death sentences — both affirmed by the U.S. Supreme Court and under review by the Department of Defense — have languished in recent years, and some say the war in Iraq and domestic politics render authorities reluctant to send two former active-duty soldiers into the death chamber.
"These cases are potential hot potatoes, and this administration may be in no hurry to approve the first military execution in over 40 years," said Eugene Fidell, a Washington lawyer and military-law expert.
The U.S. military prison at the Kansas base houses five men on death row, and military prosecutors are seeking to send a sixth.
Army Sgt. Hasan Akbar was convicted last week of killing two comrades and wounding 14 others in a grenade attack on his own camp in Kuwait at the start of the Iraq war. A military jury in Fort Bragg, N.C., sentenced Akbar on Thursday to death.
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