Army Holds Legal Motions Hearing Feb. 13, 2017, in Sgt. Bergdahl Case


Media Release
U.S. Army Forces Command
Directorate of Public Affairs
4700 Knox Street
Fort Bragg, N.C. 28310

Feb. 13, 2017| 12:05 p.m. Monday
For Immediate Release

Army Holds Legal Motions Hearing Feb. 13 in Sgt. Bergdahl Case

FORT BRAGG, N.C. – Army Judge Col. Jeffery R. Nance conducted an Article 39(a) Motions Hearing Feb. 13 on Fort Bragg, N.C., in the case of United States vs. Sgt. Robert B. Bergdahl.

The Feb. 13, 2017, Monday, military legal hearing convened at 9 a.m. and adjourned at 11:38 a.m. Trial counsel present were: Maj. Justin C. Oshana with assistant trial counsel Maj. Jerrod Fussnecker and Capt. Eileen Whipple. Defense counsel present were: Mr. Eugene Fidell and Lt. Col. Franklin D. Rosenblatt with assistant defense counsel Maj. Jason Thomas, Maj. Oren Gleich, Capt. Nina Banks, and Capt. Jennifer Norvell, as well as Maj. Louis Scapicchio and 1st Lt. Lorena Marez.

The hearing updated the government’s ongoing initiatives to provide unclassified and classified government documents requested by Sgt. Bergdahl’s defense lawyers, and redactions within some of those documents. Legal counsel for both sides discussed the defense’s written “Motion To Dismiss” of Jan. 20 and Feb. 6, 2017, “involving a successful presidential candidate,” as well as the Government’s written reply of Feb. 1, 2017, to the defense’s motion. The judge is to rule on this motion in the future.

No witnesses testified at this hearing. The defense did present in court as evidence portions of a video dealing with campaign statements about the Soldier’s case.

The next legal-motions hearing date is pending. The trial currently is scheduled for April 18, 2017, on Fort Bragg, N.C.

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