U.S. Army Sgt. Bowe Bergdahl, who disappeared in Afghanistan in 2009 and was held by the Taliban for five years, made his initial court appearance Tuesday at Fort Bragg – where he opted for a mix of civilian and military defense lawyers.
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The 29-year-old Bergdahl also chose not to state whether he would face a jury of his peers or leave his fate to an Army judge.
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Bergdahl, wearing a blue dress uniform, said little, offering “Yes, sir” or “No, sir” answers to the judge’s questions or allowing his lawyer to speak on his behalf.
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Bergdahl appeared demure, sitting mostly still in his chair then walking deliberately with his head down as he left the courtroom. He was released in late May 2014 as part of a prisoner swap, in exchange for five detainees in Guantanamo Bay.
Bergdahl was arraigned Tuesday during a short hearing. The desertion charge carries a possible five year sentence.
Bergdahl stands charged with one count of desertion with intent to shirk important or hazardous duty, aka Article 85, and one count of misbehavior before the enemy by endangering the safety of a command, unit or place, aka Article 99.
Major General Kenneth Dahl recommended the soldier’s case be moved to a special misdemeanour-level military court.
Army Sgt. Bowe Bergdahl (2nd R) of Hailey, Idaho, leaves a military courthouse with his attorney Lt. Col. Franklin Rosenblatt (L) on December 22, 2015 in Ft.
The military officer who headed the investigation testified in September he believed Bergdahl should not face prison time.
Corn said he would not be surprised if a panel decides Bergdahl should not go to prison for his alleged military crimes.
Legal databases and media accounts turn up only a few misbehaviour cases since 2001, when fighting began in Afghanistan, followed by Iraq less than two years later. In contrast, statistics show the U.S. Army prosecuted about 1,900 desertion cases between 2001 and the end of 2014.
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Fidell, who was not present at the arraignment, previously criticized the decision by Gen. Robert Abrams, commander of Army Forces Command at Fort Bragg, to send his client to a general court-martial.
