- Fri Jun 30, 2017 11:59 am
#90128
Judge allows Bergdahl to be charged for endangering comrades, faces life in prison
RALEIGH, N.C. (AP) — The military judge overseeing Army Sgt. Bowe Bergdahl’s case says prosecutors can try the soldier on a rare charge alleging he endangered comrades by walking off his post in Afghanistan in 2009.
The judge, Col. Jeffery Nance, rejected a defense motion on Thursday to dismiss the charge of misbehavior before the enemy, which carries up to a life sentence.
On June 21, a former Navy Seal testified that his military career ended when he was shot in the leg during a hastily planned mission to find Army Sgt. Bowe Bergdahl after the soldier left his post in Afghanistan.
Bergdahl also faces a desertion charge, punishable by up to 5 years, at trial in October.
Defense lawyers said prosecutors used faulty logic to charge Bergdahl with a crime more serious than his underlying actions.
The judge acknowledged that case law is “scarce” because the misbehavior charge is so rarely used, but he said a soldier who leaves his post alone and without authorization should be aware he could face punishment.
Last week, a judge refused to rule that Army Sgt. Bowe Bergdahl’s capture by the Taliban ended his unauthorized absence hours after he left his post.
Bergdahl’s lawyers said they needed a ruling on the duration so they could advise him on how to enter a plea to the desertion charge. Bergdahl was held captive by the Taliban and its allies for five years.
The judge, Army Col. Jeffery Nance, said in a ruling on June 22 that the length of Bergdahl’s unauthorized absence should be decided at trial in October. Nance says Bergdahl doesn’t need the determination beforehand to make a decision on his plea.
http://popularmilitary.com/judge-allows ... ty+Soldier" onclick="window.open(this.href);return false;
you know assclown is going to be broken hearted
RALEIGH, N.C. (AP) — The military judge overseeing Army Sgt. Bowe Bergdahl’s case says prosecutors can try the soldier on a rare charge alleging he endangered comrades by walking off his post in Afghanistan in 2009.
The judge, Col. Jeffery Nance, rejected a defense motion on Thursday to dismiss the charge of misbehavior before the enemy, which carries up to a life sentence.
On June 21, a former Navy Seal testified that his military career ended when he was shot in the leg during a hastily planned mission to find Army Sgt. Bowe Bergdahl after the soldier left his post in Afghanistan.
Bergdahl also faces a desertion charge, punishable by up to 5 years, at trial in October.
Defense lawyers said prosecutors used faulty logic to charge Bergdahl with a crime more serious than his underlying actions.
The judge acknowledged that case law is “scarce” because the misbehavior charge is so rarely used, but he said a soldier who leaves his post alone and without authorization should be aware he could face punishment.
Last week, a judge refused to rule that Army Sgt. Bowe Bergdahl’s capture by the Taliban ended his unauthorized absence hours after he left his post.
Bergdahl’s lawyers said they needed a ruling on the duration so they could advise him on how to enter a plea to the desertion charge. Bergdahl was held captive by the Taliban and its allies for five years.
The judge, Army Col. Jeffery Nance, said in a ruling on June 22 that the length of Bergdahl’s unauthorized absence should be decided at trial in October. Nance says Bergdahl doesn’t need the determination beforehand to make a decision on his plea.
http://popularmilitary.com/judge-allows ... ty+Soldier" onclick="window.open(this.href);return false;
you know assclown is going to be broken hearted
