A former Navy SEAL and a former Army Ranger are claiming that they both suffered career-ending injuries while searching for Army Sgt. Bowe Bergdahl, according to a story by Task and Purpose. Prosecutors are hoping to use their testimonies to convince a jury that Bergdahl both deserted his post and, more importantly, committed misbehavior that endangered his comrades.
In July 2009, Army National Guard Sgt. 1st Class Mark Allen was shot in the head while searching for Bergdahl in the Paktika province. The next day, Navy Senior Chief Petty Officer Jimmy Hatch was shot in the leg on a different search mission. Both men claim they were forced to retire because of the injuries, reports Task and Purpose.
Army Col. Jeffery R. Nance, the judge presiding over the case, originally denied prosecutors from using injured service members in the conviction phase of the trial because they might unduly impact the jury's decision — especially because he's not being charged with causing injuries to his peers, said Task and Purpose.
Nance has not yet ruled if this will factor in the sentencing phase.
"All of the injuries occurred on missions that would not have happened were it not for the manufactured and unnecessary crisis," wrote lead prosecutor Army Maj. Justin C. Oshana, according to Task and Purpose. "Their injuries are directly relating to and resulted from the accused's misconduct, and, as such, the evidence is admissible at sentencing."
Bergdahl’s defense wants to keep the two testimonies completely out of the trial, saying that the injuries were not actually the missing soldier’s fault and shouldn't be used against him, says the Task and Purpose story.
Bergdahl’s court-martial is set for October. He could face life in prison if he is convicted of the misbehavior charge.
