Yale lecturer representing Bergdahl in desertion case

FILE - This undated file image provided by the U.S. Army shows Sgt. Bowe Bergdahl. A U.S. official says Bergdahl, who abandoned his post in Afghanistan and was held by the Taliban for five years, will be court martialed on charges of desertion and avoiding military service. (AP Photo/U.S. Army, file)

NEW HAVEN, Conn. (WTNH)– The US soldier who left his patrol base in 2009 is facing charges of desertion. As you may recall, Sgt. Bowe Bergdahl was held in captivity for five years before his controversial release last year. The person representing Bergdahl in this case is based here in Connecticut.

This charge is a very serious matter, if convicted he could face life in prison. The man representing Bergdahl in this case is a military law expert. Eugene Fidell, teaches military justice at Yale Law school. He says he hopes the five years Bergdahl spent in captivity in atrocious conditions in Afghanistan will be considered as this case moves forward.

“I thought the charge of desertion was one that we obviously thought about. The charge of misbehavior before the enemy was an unpleasant surprise, I think it was unnecessary. We will deal with it when we come to the article 32 investigation,” said Fidell.

That article 32 investigation is similar to a grand jury. One of the details about this matter, which sparked such outrage, was that five Taliban detainees held by the United States were released in exchange for Bergdahl.

His lawyer says they have given no thought to a plea deal and there have been no negotiations so far.

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