A4 · FRIDAY, MARCH 18, 2016

Bergdahl faces
desertion trial
Egypt’s BERGDAHL · FROM A1 was, I ended up having a
Antiquities panic attack, about three
offer a glimpse of the legal
Minister weeks into it.”
strategy his lawyers may
Mamdouh al use in the desertion case
The officer who conduct-
Damaty (left) ed the investigation, Maj.
against him. Gen. Kenneth Dahl, later
displays images “That evidence will be
of radar scans testified at a hearing that
really important during Bergdahl was found on the
to King Tut’s the sentencing hearing. In
burial chamber floor, blood on his hands.
the military, for almost all Bergdahl told Dahl that at
during a news crimes, you can be con-
conference the time, his family, espe-
victed and still get no jail cially his father, had been
Thursday in time,” said Eric Carpenter, making him feel as if “I
Cairo. The scans, a law professor at Florida can’t succeed in anything,
he said, have International University that I am a failure.”
revealed two who served as an Army Bergdahl said he re-
hidden rooms prosecutor and defense at- ceived an “uncharacter-
that contain torney but has no role in ized discharge” from the
metal or organic the Bergdahl case. Coast Guard. In court, his
material. Bergdahl, 29, was held lawyers have described it
AP five years by the Taliban as a “psychological dis-
and its allies before he charge.”

Find may ‘make us revise history books’
was swapped in 2014 for In 2008, however, Berg-
five Guantanamo Bay de- dahl was granted a waiver
tainees in a deal bitterly to enter the Army, which
criticized by members of at the time had relaxed its
Congress. recruitment standards.
KING TUT · FROM A1 He is charged not only He told Dahl that he
with desertion but with en- disclosed his panic attack
terribly excited and rooting
dangering comrades who and reasons for leaving the
for (the chambers) containing
were sent out to search for Coast Guard to an Army
as much as possible.”
him, and could get life in recruiter.
Following another scan at
prison if convicted at a The recruiter then typed
month’s end to determine the military trial set to begin
chamber’s width and thick- a statement for Bergdahl to
this summer. sign saying he “had a hard
ness, a scientific committee In a 2014 interview soon
will determine the next steps, time adapting to change”
after his release, Bergdahl but not mentioning the
Damaty said. told a general investigat-
Last fall, Egyptian officials panic attack, Bergdahl
ing his disappearance said.
allowed British Egyptologist that he grew up reading The documents released
Nicholas Reeves to examine about the samurai code Wednesday night also in-
the tomb to test his hidden- and World War II heroes, clude a form from July
chambers theory. Reeves be- The mummy of King Tutankhamun is displayed at his tomb in a glass case at the Valley of spending much of his time 2015 showing that an Army
lieves Queen Nefertiti, who he the Kings in Luxor, Egypt. alone wandering the Idaho Sanity Board Evaluation
describes as a “super-queen” woods with cats, dogs and concluded that Bergdahl
enjoying pharaonic privileg- be another queen from (that) diligently trying to recover horses. suffered from schizotyp-
es, may be buried in one of dynasty.” looted artifacts. He loved the ocean and al personality disorder
them. Ikram, the university Egyp- “Reeves himself believes “I would very much hope found the Coast Guard’s when he left his post in Af-
Nefertiti — whose famed
beauty is embodied in a
tologist, said any find could strongly that we have that an increase in security domestic mission honor- ghanistan. A Mayo Clinic
“make us revise history books at the Valley of the Kings fol- able, but admitted in the website says people with
3,300-year-old bust in Berlin’s … be a moment our under- Nefertiti there. I believe lows this announcement,” interview to being over- the disorder have trouble
Neues Museum — was the wife
of Akhenaton, a controversial
standing of this crucial and
pivotal point in our history is
if it is not Nefertiti, it said Ikram. “There are al-
ways people from all over the
whelmed around other
people.
interpreting social cues
and can become signifi-
pharaoh who abandoned the changed forever.” could be another queen world who are unscrupulous “Growing up the way I cantly distrustful of oth-
many deities of his time to “Even if we don’t have an- grew up, I also lacked the
worship just one, the sun god other body, even if there is from (that) dynasty.” enough or desperate enough,
who might want to gain access understanding of how to
ers.
However, the sanity
Aton. He moved his capital more material from the tomb to the putative treasures in move through society,” board said that despite the
from Thebes — today’s Luxor of Tutankhamen himself … MAMDOUH AL DAMATY he said, according to the
these two rooms. “severe mental disease or
— north to Tell Amarna. then those other objects will EGYPT’S ANTIQUITIES MINISTER “The impact of this discov- documents released by his defect,” Bergadhl was able
His son, Tutankhamen, is continue to (explain) the life ery goes well beyond finding a lawyers. to understand that his ac-
credited with returning the and times of that king,” she bunch of pretty and expensive He found the pressure tions in walking away
capital to Thebes and restor- said. tombs and chambers was un- things. It is really going to intense at a Coast Guard from his unit were wrong.
ing the old religion. Tut’s tomb is one of more covered in the 18th century. change our vision of ancient boot camp in 2006: “You The board also concluded
“Reeves himself believes than 60 found in the Valley of Tomb-robbing, as old as the Egypt and Egyptian history.” were right there in the fo- Bergdahl isn’t currently
strongly that we have Nefer- the Kings, a necropolis near ancients themselves, has in- cal point and every action suffering from psychologi-
titi there,” Damaty said of the Luxor dating from the 16th creased since Egypt’s revolu- Betsy Hiel is the Tribune-Review’s you were doing was pres- cal problems that would
hidden chambers. “I believe to the 11th centuries B.C. The tion in 2011. Damaty said last foreign correspondent. Email her sured and it was watched. prevent him from standing
if it is not Nefertiti, it could first of its many underground month that his ministry is at bhiel@tribweb.com What ended up happening trial.

Proving intent to harm difficult Disciplinary
court still has
PROSECUTORS · FROM A1

that could be levied in an excessive
use of force case against a police of-
ficer,” Johnson said. “It demonstrates
the need for an additional tool in the
About the Trib’s investigation
Q: Where does the data come from?
The Justice Department provides the National Caseload Data. An agency
jurisdiction
tool box.” EAKIN · FROM A1
official said Thursday that some case data from before 2004 might not have
Other officials and legal experts been transferred when the agency switched to a new information system The $140,760 pension estimate doesn’t
also have called for changes to fed- that year. count 20 years of Eakin’s service as an
eral law since the Trib reported its assistant district attorney and District
Q: How often do federal prosecutors decline to charge officers
findings.
The head of the nation’s largest because a state or local court has tried them instead? “I thought (the Attorney of Cumberland County.
Despite his retirement Tuesday, the
police union defended the current When a U.S. attorney declines to prosecute, he enters reasons for the law) needed to be Court of Judicial Discipline still has
law, however, saying officers have a decision on each matter. Less than 1 percent of the time, the Justice Depart-
difficult job and need extra protection. ment data say matters are referred for prosecution by another jurisdiction. updated. If people jurisdiction over him, said Bruce Lede-
witz, a professor at Duquesne University
Law enforcement officers never About 2 percent of cases are declined for a jurisdictional or alternative pros- want to Law School. If the court rules that Eakin
have been under more scrutiny, which ecution reason. violated judicial rules it “could lead to an
has hurt recruiting and morale, said understand why effort to remove his pension,” Ledewitz
Jim Pasco, executive director of the
national Fraternal Order of Police in
we sometimes said. “I don’t think that will happen.” The
experts said. conduct and does not turn the blind court could vote to “remove” him from
Washington. That can be a high hurdle in rap- eye to misconduct.” can’t bring a case office, which would have no practical
“From our perspective, you find idly changing police actions, David
that you’ve got a law that was passed Hickton, the U.S. Attorney for the
The proposed Police Accountability
Act could be unconstitutional because
when it seems that effect on Eakin’s status, Ledewitz said.
Eakin was suspended by the court in
by Congress and you don’t feel that
you’re convicting enough people with
Western District of Pennsylvania, Congress can’t just make anything we should, this is December.
told the Trib. a federal crime, said Wesley Oliver, The state constitution appears to give
that law, so that means you should Prosecutors in the 94 federal district a Duquesne University law profes-
the reason why.” the judicial court authority to revoke
lower the bar for prosecution?” Pasco offices must obtain approval from the a pension if the court determines the
said. sor who studies the criminal justice DAVID HICKTON
Justice Department in Washington to system. judge damaged the court’s reputation,
“If the crime is there, then the case prosecute incidents involving deaths U.S. ATTORNEY said Bruce Antkowiak, a law professor
ought to be made; and if the crime’s The federal prosecution of police
or national notoriety. They cannot at St. Vincent’s College.
not there, then the case shouldn’t be for civil rights violations is autho-
tread into cases in which state or local Voting to remove him could trigger the
made.” prosecutors have brought charges. rized by the 14th Amendment, which
pension loss, experts say.
A spokesman for the American “I thought (the law) needed to be bans states from depriving any person But there’s no precedent for trying to
Civil Liberties Union had a similar updated,” Hickton said this week on of life, liberty or property without due take the pension of a former judge, state
response. a WESA 90.5-FM radio interview with process of law. officials said.
“Willfulness is a very high stan- two Trib reporters about the newspa- To work, the law would have to ad- The judicial court had no comment. A
dard,” said Jeff Robinson, director of per’s investigation. “If people want to dress an unjustified killing by a police pre-trial conference is set for next week
the ACLU’s Center for Justice, adding understand why we sometimes can’t officer during the performance of his and a decision is likely before then.
that he’s not sure the law should be bring a case when it seems that we duties, Oliver said. Eakin, 67, of Lancaster County, will
changed since it’s similar to the stan- should, this is the reason why.” “If an off-duty police officer has a agree to stipulations of the Judicial
dard for first-degree murder. The deeply divided Congress has vendetta with his brother-in-law, it Conduct Board, which filed the ethics
“Premeditated intent to kill is also
a very high standard,” he said. “They
given little traction to either bill intro- would not cover that,” he said. “There’s got to be charges, and no trial will be necessary as
duced by Johnson, a Democrat from As for civil rights violations by scheduled on March 29, said Costopoulos.
prove that all the time.” DeKalb County in suburban Atlanta. police, Oliver said he thinks “a better some kind of But there was no deal with the court,
Congress enacted the section of Police unions have lobbied against
civil rights law involving law enforce- the measures, he said, and no Repub-
statute could certainly be drafted. It’s accountability he said.
Former Justice Seamus McCaffery,
the interpretation that’s more of the
ment — Title 18, Section 242 — in 1866, licans have signed on as co-sponsors. problem than the current law. process in place who retired after his suspension for
just after the Civil War. The Supreme Johnson’s proposed Grand Jury racy emails, collects an $11,000-a-month
Court created a higher standard for Reform Act would withhold federal
“We are looking at that split-second
when the officer decides to shoot and,
that encourages pension after cashing out $455,000, the
enforcing the law by ruling in 1945
that prosecutors must prove that of-
funding from any law enforcement
agency that fails to comply with hav-
in that split-second, it could go either and incentivizes Associated Press reported in 2014. It
counts time served in the military and
way.” Oliver said.
ficers acted “willfully” to deprive ing a special prosecutor appointed to
Prosecutors should instead look at
good conduct and on Superior Court.
someone of their civil rights.” investigate police-involved deaths. It The decision on Eakin’s pension “is up
The court also ruled in the 1989 case has 31 Democratic co-sponsors. the decisions that led to that moment, does not turn the to those evaluating the justice’s punish-
he said. “We aren’t doing enough to
of Graham v. Connor that a police offi-
cer’s actions must be “judged from the
His other bill, the Police Account-
ability Act, which would make mur- encourage police to de-escalate situ- blind eye to ment,” said Chuck Ardo, a spokesman
for Attorney General Kathleen Kane,
perspective of a reasonable officer on der and assault by police officers a ations.” misconduct.” who forwarded the emails to the Judicial
the scene, rather than with the 20/20 federal crime, has just 16 co-sponsors. Conduct Board. “The attorney general’s
vision of hindsight.” “If there is no accountability, then Andrew Conte is a member of the Tribune-Review REP. HANK opinion is not part of that evaluation.”
Even if government lawyers show you get excessive use of force,” John- investigations team. Reach him at 412-320-7835 or JOHNSON
that a police officer used excessive son said. “There’s got to be some kind andrewconte@tribweb.com. Brian Bowling is a HAS TWO BILLS DEALING WITH Brad Bumsted is the Tribune-Review’s state
POLICE-INVOLVED DEATHS
force, they must prove that he or she of accountability process in place that Tribune-Review staff writer. Reach him at Capitol reporter. Reach him at 717-787-1405
intended to harm the person, legal encourages and incentivizes good 412-325-4301 or bbowling@tribweb.com. or bbumsted@tribweb.com.