Judge bars Bergdahl prosecutors from using wounds at trial

AP News
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Posted: Dec 17, 2016 2:03 AM
Judge bars Bergdahl prosecutors from using wounds at trial

FORT BRAGG, N.C. (AP) — A judge has ruled the prosecutors of Army Sgt. Bowe Bergdahl won't be able to harness some of the most emotionally powerful evidence against him at his court martial next year.

The judge decided they can't present evidence at trial that soldiers were wounded searching for Bergdahl after he walked off his post in Afghanistan in 2009.

Army Col. Jeffery Nance ruled Friday he won't allow this evidence because the risk is too great military jurors would act on emotion rather than logic and unfairly show bias against the defendant.

Nance says the military can present evidence dangerous missions were undertaken, bringing Bergdahl's comrades into contact with the enemy. But they can't use evidence of injuries at trial.

Bergdahl is charged with desertion and misbehavior before the enemy. He has asked for a pardon.