Judge won’t allow evidence of wounded in Bergdahl trial
The Army Times reports that Army Colonel Jeffery Nance, the judge in the Bowe Bergdahl case has forbidden prosecutors from using the fact that at least two members of the units who searched for Private Walkabout were wounded for fear of Bergdahl being convicted of that rather than the desertion and misbehavior before the enemy with which he is charged.
Nance wrote that “the accused is not charged with causing anyone’s injury or death. He is charged with endangering the command. While there are similarities in those consequences, they are distinct.”
His ruling described his concern that jurors would be unfairly prejudiced by the injuries.
“The accused is not to be convicted because, while searching for him, his comrades were horrifically injured. Even (perhaps especially) hardened combat veterans of many deployments who might sit on this panel would be hard pressed not to be affected by the horrific injuries to SFC Allen, in particular,” he wrote. “Since the danger can be avoided, I deem it should be.”
[,,,]
[D]efense attorney Army Maj. Oren Gleich said many factors — some having little or nothing to do with Bergdahl — coalesced in the mission that left the men wounded. The defense has presented evidence that the mission was shoddily planned, even by the standards of the missing-soldier alert Bergdahl caused.
I guess evidence is strong enough to convict him for desertion, so fine, let him stand trial for that. But I fully expect that the wounded and disabled folks who searched for him to come up during the sentencing.
Category: Politics
He is gonna get his twenty year retirement before he gets sentenced.
He is charged with endangering the command but evidence that actual injury was caused to others while looking for him will not be admitted. What’s the prosecution going to offer in support of that charge, that his mere absence from his unit constituted the danger? I don’t get it. Maybe the fact that a mission had to be conducted at all to search for him justifies the charge, whether it was well planned or not. I just don’t know.
An argument that his absence constituted a danger to the command is a loser, based upon what I know about his performance as an infantryman. I don’t think this progtard would ever have pulled his weight in a firefight. From what I’ve heard from his platoon mates he was nothing but a whiny malcontent. He is obviously suffering from some personality disorder, as no one with their shit together would walk into the arms of the effing Taliban.
“He is obviously suffering from some personality disorder…”
Agreed, Counselor, it’s an all too common affliction, special snowflake dysphoria. And while it’s not yet included in he Diagnostic and Statistical Manual of Mental Disorders, after this presidential election it may well have to be.
I think this “progressive” mental disease needs a treatment protocol “stat.” I would suggest we bring back the frontal lobotomy as a cure.
And a full castration in order to prevent any possible hereditary spreading.
I don’t understand this, either.
Why can’t he be charged with both ‘endangering the command’ and responsibility for the injuries and deaths of other troops? If the evidence supports the ‘endangerment’ charge, why isn’t it allowed? That seems odd to me.
Judge was bought off by obozo! If he couldn’t kiss a little of obozo’s butt, what else could he do LOL Hang bird dog…and get if over with!
Does desertion still carry a possible death penalty? Cocksucker sure deserves it.
The last person The US military executed for desertion was Eddie Slovak. He had the misfortune of have his sentence reviewed by Ike during the height of the Battle of the Bulge.
The Military hasn’t executed anyone, period, in over 50 years.
I just cast out he chicken bones and I’m reading Bergdahl’s future.
Busted to Private, Dishonorable Discharge, forfeiture of all pay and allowances and the judge will consider his time as a POW as enough confinement.
He will get a book deal. perhaps a movie. The lawyers on both sides of the case will put out works as well.
In a few years he will fade into obscurity.
Actually, the last execution by the Army was John A. Bennett who was hanged in April, 1961 for first degree child rape and first degree attempted murder of an 11-year-old Austrian girl.
But, yeah, Slovik was the last executed for desertion. Of the 141 military-related executions during WWII, all except Slovick were for murder or rape. All but 12 were executed by hanging.
Old Dog: You forgot about the Oprah Show, where he will appear and claim his treasonous and cowardly actions are b/c his parents wouldn’t get him a puppy when he was a child. Well, that and he’s a waste of space. But the book sales will be high b/c of that puppy thing. People will feel his pain and identify with him.
Everybody gets a puppy! You get a puppy and you get a puppy and you, and you, and you.
Genius! Everybody gets a puppy! I’m still grinning.
Fine. Don’t present the evidence.
Just have SFC Allen present in the courtroom during the court martial.
Right behind the defense’s table.
Brilliant.
Reminds me of something that I read about a trial once. A homicide detective was on the stand and during the questioning he pulled out about 10 sheets of paper and started referring to them.
Of course, the defense lawyer immediately jumped on that, asking what the dick had. “My investigatory notes.”
The lawyer demanded to see them, gleefully taking them from the cop. He looked them over top to bottom, front and back for about 10 seconds and then solemnly handed them back to the murder police and never mentioned them again.
The cop had taken his notes on the back of the defendant’s 10 page rap sheet.
Sounds right. If you are on the stand, and you bring out any notes, then they are part of the evidence record. Yes, there are screwups with ten page rap sheets, astonishing but true.
Excellent technique. I bet a few lawyers would slip and make it a big deal and then their case would be even more screwed up.
BS….Defense lawyer has already reviewed his clients rap sheet in every case I have been party to since 1995.
Nance … you frickin’ poofer. You should hang with him.
The chickenshit stunts begin. Nice going, Nance.
Bowe looks really happy in that pic, must have just finished sucking that guys cock.
I’d like to know what the hand sign his bearded butt-buddy is throwing in the pic. I think it is Pashto sign language for “I just performed a loose anoose check on this chai-boi.”
“I think it is Pashto sign language for “I just performed a loose anoose check on this chai-boi.”
….and all I got was this fucking t-shirt!
That’s a “so far I’ve gotten 3 fingers in, but half of one more. Pretty soon I’ll have the whole fist going strong….
I thought that was a picture of him and his father…..which makes what you said that much worse.
PASS THE MIND BLEACH, STAT!!!
That hadji has a look on his face that says “Bergdahl much fun goat-boy on Man-Love Thursday!”.
For all of those who have proclaimed on TAH that President Obama will pardon Bergdahl, I am more than willing to make that bet with you.
I think I’d have to know whether Bergboi converted to ‘slamo before I’d make the bet. We know his daddy is a muzzie; if he is too, I’d say the odds favor a pardon from King Putt. By the way does “D” stand for Dhimmicrat?
Nah, he’s staying away from this one with a 10 meter cattle prod.
His legacy has already suffered enough of a hit, he won’t do shit with this one.
“Objection, You Honor, that’s prejudicial to my client!” Yeah, it’s supposed to be.
Hopefully it is one of the factors which will be taken junto account during sentencing