Bowe Bergdahl's military hearing for desertion charges begins as prosecutors claim 'under the cover of darkness he snuck off the post' in Afghanistan
- Officials say Bowe Bergdahl left post in Afghanistan before being captured
- He was released by Taliban in a prisoner exchange for five Taliban commanders
- The 29-year-old faces charges of desertion and misbehavior before enemy
- Military prosecutors argue that he launched a plan to sneak off his post weeks prior to doing so in 2009
- Bergdahl's lawyer says he was not trying to desert, but instead trying to locate the nearest general officer to report 'disturbing circumstances'
- If convicted of misbehavior, Bergdahl could be sentenced to life in prison
U.S. Army Sergeant Bowe Bergdahl, a former prisoner of war in Afghanistan held for five years before being swapped in 2014 for five Taliban leaders, deliberately left his post, U.S. military prosecutors said in opening statements on Thursday.
The prosecutors told a preliminary hearing to establish probable cause that Bergdahl launched a plan that was weeks in the making and there was sufficient evidence to hold him for trial on charges of desertion and misbehavior before the enemy.
'Under the cover of darkness, he snuck off the post,' Major Margaret Kurz, a military prosecutor, said at the hearing held at Joint Base San Antonio-Fort Sam Houston, Texas.
Bergdahl, dressed in his Army service uniform with his hair in a crew cut, has been stationed at the base since shortly after his politically released in the summer of 2014.
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Army Sgt. Bowe Bergdahl (left), defense counsel Lt. Col. Franklin D. Rosenblatt (center) and lead defense counsel Eugene Fidell (right) sit during a preliminary hearing Thursday to determine if Bergdahl will be court-martialed
Capt. John Billings (left) is questioned before hearing officer Lt. Col. Mark A. Visger (center) by Maj. Margaret V. Kurz (right) during Thursday's hearing to determine if Army Sgt. Bowe Bergdahl will be court-martialed
He provided simple answers to questions on whether he understood the charges and occasionally took notes during the hearing.
It was his first court appearance since he was charged in March with desertion and misbehavior before the enemy.
If convicted of misbehavior, the most serious charge, Bergdahl, 29, could be sentenced to life in prison.
Bergdahl disappeared on June 30, 2009, from Combat Outpost Mest-Lalak in Paktika Province, Afghanistan, and was later captured by the Taliban.
The prosecutors said a search for Bergdahl began with nine men and expanded to a massive effort over about 45 days in difficult terrain.
They said Bergdahl sent home personal belongings and told his family to expect something.
Bergdahl's former platoon leader described him as a good soldier whose disappearance rocked the unit.
'I was in shock and utter disbelief that I couldn't find one of my men. That is a hard thing to swallow,' Captain John Billings told the proceeding.
He said soldiers carrying between 60 and 100 pounds (27-45 kg) of equipment hiked through the area, moving from one assignment to another with one overriding objective - finding Bergdahl.
Bergdahl's lawyer, Eugene Fidell, had a one-line opening statement.
Sgt. Bergdahl (above), who left his post in Afghanistan and was held by the Taliban for five years, is charged with desertion and misbehavior before the enemy
Soldiers walk by the U.S. Army Installation Management Command where the U.S. Army holds Article 32 preliminary hearing in the Bowe Bergdahl desertion case on Thursday in San Antonio, Texas
'The government should make Sergeant Bergdahl's statements available to the public, not only just to you,' he said, referring to statements his client made concerning the incident.
Fidell has said Bergdahl was not trying to desert but instead was trying to locate the nearest general officer so he could report 'disturbing circumstances.'
The company commander at the time of the incident said he instructed his men to search high and low to find 'one of their brothers.'
The search was exhaustive, causing a loss of military hardware and draining the energy of soldiers who spent weeks in the field looking for the missing soldier, Major Silvino Silvino said.
'They were worn out. They were beat down but they pushed as hard as they could,' Silvino said.
A military police officer patrols the perimeter of the US Army IMCOM HQ building at Fort Sam Houston prior to the preliminary hearing on Thursday to determine if Bergdahl will be court-martialed
U.S. Army military policemen guard the area around the U.S. Army Installation Management Command at Fort Sam Houston in San Antonio, Texas on Thursday
The Article 32 proceeding is similar to a grand jury investigation under civilian law and both sides can call witnesses and lay out legal arguments.
The presiding officer at the hearing, Lieutenant Colonel Mark Visger, will recommend the course of action for resolving Bergdahl's case, whether it should proceed to a trial by court-martial or be dispensed in some other manner.
Bergdahl was freed in a prisoner swap that sent five Taliban leaders who were being held at Guantanamo to Qatar, where they had to remain for a year.
An initial wave of euphoria over Bergdahl's release was followed by a backlash among U.S. lawmakers angry because they were not given 30 days' notice before the transfer of the Guantanamo prisoners, as required by law.
Some of Bergdahl's former Army comrades also said they believed he deserted.
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