U.S. Army Sgt. Bowe Bergdahl, who disappeared in Afghanistan in 2009 and was held by the Taliban for five years, made his first appearance before a military judge on Tuesday.
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“The judge explained Sgt. Bergdahl’s right to be tried before a panel or a military judge”, said Col. Daniel King, U.S. Army Forces Command.
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He deferred entering a plea and did not decide whether he wants to face a court-martial with a jury or one with just a judge.
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“The accused wishes to defer for reflection”, said Lieutenant Colonel Franklin Rosenblatt, Bergdahl’s lawyer.
He wore an Army dress uniform with a dark blue jacket and trousers and had closely cropped hair.
If convicted, he could face a sentence of life in prison.
While the military typically follows the recommendation from the preliminary hearing known as an Article 32, it’s not unheard of for a high-ranking general to make a different decision, said Walter Huffman, a retired major general who served as the Army’s top lawyer. But earlier this month, the Army announced Bergdahl would face the more serious general court-martial. His next hearing is scheduled for January 12. Bergdahl was arraigned on charges of desertion and endangering troops stemming from his decision to leave his outpost in Afghanistan in 2009. He faces charges of desertion and misbehavior before the enemy.
“It’s unfortunate that someone got creative in drafting the charge sheet and figured out two ways to charge the same thing”, Fidell said in March. He was captured by the Taliban and spent five years in captivity before being freed in a prisoner exchange.
Members of his battalion have claimed Berghdal had talked openly about leaving the Army prior to his disappearance, and were convinced he had willingly deserted and subsequently put his fellow U.S. soldiers in harm’s way during the search for his whereabouts. “I was capable of being what I appeared to be”, Bergdahl said. Bergdahl, who has been speaking by phone with screenwriter Mark Boal, and is the subject of the second season of the podcast Serial, says he wanted to draw attention to leadership issues in his unit.
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Since his repatriation in June 2014, Bergdahl has been assigned to administrative duties at Fort Sam Houston in Texas.
