Death Penalty May Be Difficult to Obtain for Bergdahl

Noel Tipon of Bilecki & Tipon was consulted on the likelihood of Bowe Bergdahl’s case being referred capital. Tipon pointed out the unlikelihood of such an action.
 
HONOLULU - April 9, 2015 - PRLog -- Although the Convening Authority could potentially determine a death penalty referral is proper for Bowe Bergdahl’s 2009 desertion in Afghanistan, it may prove to be a hard sell.  Although a capital referral is technically an option, Noel Tipon of the court martial defense firm Bilecki & Tipon, attests this would be an “unlikely event.”

Even if the testimony of some in Bergdahl’s platoon that some of their men died while looking for Bergdahl proves effective, the death penalty may still be a stretch since “typically a death-penalty-eligible case is for murder.  It isn’t second- or third-order effects as they say in the military, of what the misconduct was.”

Others in the military community are wondering if desertion and misbehavior before the enemy still meets the requirements of capital punishment.  The last U.S. service member to be executed for a military offense was Edward Slovik in 1945.

Tipon also pointed out that there is some debate over whether the Congressional authorization for Use of Military Force passed in the days after 9/11 qualifies as a “time of war” since no declaration of war was formally issued.

Bilecki & Tipon, LLLC is a court martial defense law firm which provides representation for U.S. service men and women throughout Hawaii, Okinawa, Mainland Japan, Korea, and all over the world from their Honolulu offices.  They have defended military personnel in accused of desertion, drug trafficking, sexual assault, murder and other crimes. Visit their website to learn more: http://www.bileckilawgroup.com/
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