Last week, the military judge overseeing the trial rendered two adverse decisions. First, he decided that Bergdahl will stand trial on all charges. Most damaging, though, was his decision that if Bergdahl is convicted that the jury would be allowed to hear about the injuries suffered by an Navy SEAL and an Army NCO while specifically searching for Bergdahl.
Serious wounds to a soldier and a Navy SEAL who searched for Army Sgt. Bowe Bergdahl can be used at the sentencing phase of his upcoming trial, a judge ruled Friday, giving prosecutors significant leverage to pursue stiff punishment against the soldier.
The judge, Col. Jeffery Nance, ruled that the service members wouldn’t have wound up in the firefights that left them wounded if they hadn’t been searching for Bergdahl, so their injuries would be relevant to his sentencing if he’s convicted of misbehavior before the enemy at trial in October.