FORT BRAGG, N.C. (AP) — A military judge questioned whether jurors would reach unfair conclusions about Army Sgt. Bowe Bergdahl if they're allowed to consider serious wounds to two soldiers who searched for him after his 2009 disappearance in Afghanistan.
Prosecutors have said evidence of injuries will help them show that Bergdahl endangered his comrades, one of the elements of the misbehavior before the enemy charge.
Nance suggested the "horrific nature" of the one soldier's head wound might provoke jurors to decide based on emotion that "because Sgt. Allen was so horrifically injured, he's guilty."
Prosecutors said Allen suffered a traumatic brain injury that has left him in a wheelchair and unable to communicate.
Gleich also argued that prosecutors had failed to tie the two soldiers' wounds into the charges against Bergdahl — who's specifically accused him of endangering a group of Army units known as Task Force Yukon.
The Obama administration's decision to swap prisoners for his return was heavily criticized by some Republicans.
