[SR-25]

Sergeant accused in grenade attack that killed two

FORT BRAGG, North Carolina (CNN) -- A military judge Tuesday delayed the start of the death penalty court-martial proceedings against Army Sgt. Hasan Akbar until February 15, almost two years after the grenade attack that killed two U.S. officers during the first days of the war on Iraq.

Akbar's defense lawyers entered a not-guilty plea for him Tuesday. He could face execution if convicted.

The judge told Akbar's lawyers to let the court know before trial if they are planning an insanity defense. His attorneys have retained a mental health expert.

The court-martial had been scheduled to begin October 25. The trial will be at Fort Bragg, North Carolina.

Akbar was a combat engineer with the 326th Engineer Battalion of the 101st Airborne Division.

Two officers were killed and 14 others injured when grenades were tossed into three tents at Camp Pennsylvania -- the Kuwaiti headquarters of the division's 1st Brigade -- on March 22, 2003, just four days after the start of the war in Iraq.

Akbar faces two counts of premeditated murder and three other counts of attempted murder, one for each tent that was attacked.

Army Capt. Christopher Seifet, 27, was killed in the fragging attack. Maj. Gregory Stone, 40, died later of his wounds.

Another officer testified in earlier proceedings that when he confronted Akbar, he threw him down on his face and asked, "Did you do this? Did you bomb the tent?" He said Akbar answered, "Yes."

The defense has argued the testimony should be barred at trial because Akbar was not read his rights first. The presiding officer, Col. Stephen Henley, scheduled another hearing for December 2 to rule on the various pre-trial motions.

Henley set February 15 next year as the date to begin selecting the 12-person jury which will try Akbar in the death case. No date was announced for the start for testimony.

Akbar is imprisoned, pending trial, at Fort Knox, Kentucky. Fort Bragg has no such holding facility.