No Court-Martial for Benderman Yet

Sgt. Kevin Benderman (R) on his way to court.
Sgt. Kevin Benderman (R) on his way to court.

Will Sgt. Kevin Benderman face a court-martial after all? Benderman went before a military judge today to begin his proceedings, but the latest out of the courtroom is that there is uncertainty as to whether the scheduled court-martial will even happen.

Benderman is facing charges of desertion after he refused to go back to Iraq for a second tour of duty in January. He told Fort Stewart he was seeking a discharge as a conscientious objector.

But at today's pre-trial motions, defense attorneys asked the judge to throw out the case against Benderman, saying the investigator in this case is a career prosecutor and is biased.

This afternoon, the judge did throw out the case and recommends going back to square one and beginning the investigation all over.

After court closed, attorneys met in chambers to see what's up for tomorrow. As of now, no court-martial is set.

Reported by: Dal Cannady,