It looks to be a major blow to Bowe Bergdahl's defense. Last week, a military judge ruled that a Navy SEAL who received serious injuries searching for Bergdahl can testify at his sentencing phase of his military trial this fall at Fort Bragg.

Bergdahl who spent five years in Taliban captivity after walking off his post in Afghanistan in 2009, has been the subject of scorn by soldiers who put their lives on the line looking for the Hailey, Idaho native. One of those soldiers, is former Navy SEAL Jimmy Hatch who lost his leg after a fierce fire fight. Hatch told CNN's Anderson Cooper two years ago why he was so determined to find him. "He was an American and he had a mom. I didn't want to see a mom watch her son's head chopped off on You Tube,"

About ten days after Bergdahl disappeared, his SEAL team received information about where Bergdahl might be. But when they landed, all hell broke loose. Hatch describes what happened next.

"They started spraying wildly with their AK-47's, so one of the bullets got lucky. My leg was knocked from under me and just when I started to put weight on it, I couldn't. I knew I couldn't scream, because they were so close."

Hatch was evacuated out, his SEALs pulled back and Bergdahl was nowhere to be found. Hatch was awarded a Purple Heart and a Bronze Star for his actions. He has been on a long road back to recovery, and has even started an organization to help provide medical care and proper protection for police and military dogs.

Hatch knows he can't have the life he once had, but seeing justice play out in a Military courtroom is something he looks forward to. As far as Bergdahl goes Hatch only had this to say. "Well, that's kind of like saying if I go out and drink a bunch of vodka tonight and slam into a car with children in it, but I get paralyzed from the waist down, I've been punished enough, no, you still need to be accountable. I think that's the case with Mr. Bergdahl. He needs to know how much was risked."