That stray into criminal enterprise?
It started with a note from frequent commenter and Bill-groupie Olga, an escapee from Soviet rule and now a US citizen (and a lawyer).
Hi, John,
This is "olga" and I've seen this blurb and was wondering what was your opinion on the subject:
Iraq Veteran's Dream Home Is Canceled
Marijuana Conviction Leads Charity To Revoke House Offer
(St. Louis Post-Dispatch, February 22, 2009, Pg. 1)
A charity that serves wounded veterans revoked its gift of a new house to a former soldier in Branson, Mo., who lost his legs to a roadside bomb in Iraq, after learning that he had been arrested on marijuana charges in 2007 and pleaded guilty in December to felony possession with intent to distribute. Last week the former soldier, Scott West, 23, was placed on five years probation. West acknowledged that he deserved to be punished but insists he never sold marijuana. He believes the charity, Massachusetts-based Homes for Our Troops, overreacted. A spokeswoman for the charity said it was grateful for West's service and sacrifice and described the decision to drop West from the program as the most painful the founder, John Gonsalves, has had to make.
Thanks,
Olga
I was at work, and busy, so I dashed of this response:
To which, Olga replied:I think it's tough to maintain standards in an environment with such sympathetic people. The young man plead guilty to possession with intention to distribute, and you can see his "But I never sold any" comment as either a convenient dodge, i.e., "I never sold any because I got caught before I could" to something along the lines of "I hadda plead it or I was going to get creamed with jail time."
Insufficient data for a meaningful answer in that regard. I'd say the charity has the right to do this, in that there are other soldiers in similar straits who haven't gotten themselves into this kind of a jam. What's your lawerly or personal take on it - you clearly have one, since you asked... ?
Cheers,
John
John,
My lawyerly take is there is a possibility of a bad public counsel advice - plead out as soon as possible, I have other cases to take care of... Unfortunately, the appointed counsels have been known for treating their clients as a 'clientmill' - plead and out, next...
My personal take is the Boston-based charity has been aware of the pitfalls of the public defenders and should have looked beyond the disposition records before cutting him off the list... I understand that there are other soldiers who do not have this record but I believe that the post-Vietnam stream of veterans' criminal convictions should have taught us not to take the disposition records on its face value and look beyond that into the conviction records that include police report, discussions on the plea and such...
Thanks,
Olga
My response to that is that it was a valid perspective that I hadn't considered, and that I suspected whichever way the choice went, some segments of the charity's donor base would probably not been happy with the outcome. I know, for myself, on first brush I lean towards "Yes, your life sucks, but there but that doesn't mean you are immune to negative consequences from your actions." As I've observed within my personal environment of family, friends, and charity work, sometimes, until there is a significant sanction, people just won't take the hint.
There are numerous other paths that could have been taken - to include keeping the guy on the list, but deferring him for a period of time while he demonstrates he's truly clean and gotten the message, vice giving him the house to use as a distribution point for his new business.
As I said, insufficient data for a meaningful answer on the merits of this particular case - but, as Olga intended, it does serve to open up a general discussion on the more general issue of how to treat veterans who find themselves in combat with the law. Is their situation different enough to warrant a more specialized team, on both prosecution and defense? Perhaps not a "standing team" but at least a group of trained and experienced people who can be tasked on an ad hoc basis? There is precedent in other endeavors - notably juvenile and drug and alcohol dockets, and Olga sent along an AP article from the Hartford Courant on just that topic:
Click this link for the whole article in the Hartford Courant. So, what does the assembled Denizenry, lurkers-in-the-rafters, and random passers-by think? I'll withold my opinion so as not to prejudice others. And thank you, Olga, for bringing it up!Connecticut bill creates criminal docket for vets
The Associated Press
Posted : Monday Feb 23, 2009 15:09:45 EST
HARTFORD, Conn. — Senate Majority Leader Martin Looney wants Connecticut to become the latest state to set up special veterans’ courts to deal with troubled military veterans facing criminal charges.
Looney, D-New Haven, said the state’s court system could refer returning veterans to mental health specialists, similar to how the state’s family and drug courts operate.
“Our troubled veterans may not need to be locked up if their combat experience has let to psychological wounds,” Looney told The Hartford Courant. He has introduced a bill during this year’s legislative session that would create a special criminal docket for military veterans.



The head of this charity made the tough call and we have to respect his decision. I know he must have agonized over it, I would have. If we wink and nod at drug charges like this where do we then draw the line? "Yes officer I was driving drunk, but I wasn't THAT drunk. And besides I'm a VET, so I get a walk right?" See where I'm going. So I will have to bail on the first part of the question, chicken I know, but honest.
As to handling vets in special courts, hell no. We are not kids that need a CASA. Treat us no better or worse than anyone else. If we screw up call us on it. "It's a fair Cop, but society is to blame!" belongs in a Monty Python skit, leave it there.
I know a lot of us are broken inside as well as outside and for this I hold the VA and the DOD responsible. There is no excuse in this age of multi billion dollar systems contracts that our hospitals are not set to treat our minds, souls and bodies. You hear that Mr. 'O' ? I know the crappy way our Vietnam and Korean Vets were treated and it kills me to see nothing has really changed. I wish I had an answer, I really do.
"Shot" , over.
"Shot", out.
@MIke L and Cpl Mongo,
The issue here is that very often the public defenders do not take time to go through the case, they have hundreds of cases to deal with and their preferred modus operandi is to plead and move on. Some of the busy court rooms have the similar approach in order to clear the overflowing dockets. It is sometimes a clientmill, not the meaninful and zealous (as required by the legal ethics rules) client representation.
As I told John, I have read about another 'special' docket besides what is proposed in the CT. I think it was someplace in NYC, do not remember which borough, though... In that docket, the judge, the ADA and the public defenders are all veterans. The public defenders are the private practice criminal defense attys who donate their time to help their fellow veterans. IIRC, the point was to provide the meaningful representation and to ensure that the punishment fits the crime and to provide access/refer to special treatment/care if one is required for aleviating the issues that caused the veteran to cross the line in the first place.
BTW, I am not a criminal defense attorney so have no 'special' feelings for the criminals.
Self medication is a well known outcome of mental illness. Now whether this wounded warrior was intending to sell or was stockpiling, is a question that has not been answered here. But had he received any kind of treatment or was he on medication? That is relevant. No, don't treat war survivors differently UNLESS they are being treated for a mental illness. I have 15 years of experience in the mental health field and have seen some pretty gamey activity from people when under treatment are some of the most kind, considerate, compassionate souls that you would ever meet. Off of or out of treatment, it is like seeing a completely different person. Aggressive, homicidal, suicidal, self injurious, a completely different person. Someone who will act in ways that the treated individual would never even consider doing. Just because you can't see these wound from the outside, does not mean that they don't exist and are not just as large of a wound (if not worse) than those that are visible.
I cannot judge whether the vet should have been out of the program completely, or put on a waiting list or type of "probation" until he demonstrated that he was in treatment. With the demand and many organizations being supported by private funds, well, they probably have criteria to follow. I feel bad for the guy, but that is because of my experience in the Mental Health field. You really cannot see the extent of the damage from the outside, whether we are talking about PTSD or a closed head injury. All that these disorders or injuries display as is a series of "behaviors" that sadly, most in our society, do not understand at all.
If this soldier was on probation, participating in drug treatment programs and mental health services, well, he is paying his debt to society, again. In my humble opinion.
However, from the perspective of one in the system, the number of vets gaming the system is incredible. There is actually mental health care available and overflowing, vets are given multiple chances---and often are rated as service-connected for conditions existing when they went in-service. Me, in this case---I would blame the recruiter who knowingly signed a young man with a drug problem, the command that failed to piss-test everyone or excused positive results. Not the charity that simply insists the young man must follow the same rules as the rest of us.
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Sorry, but if you've been convicted of a crime, I fully support their decision to withdraw the offer of a home. Thank you for your service, but you need to look elsewhere for living arrangements.
Just as I support removing the crown of beauty queens who don't live up to the morals and values the pageant promotes, Homes for our Troops was well within their rights to withdraw their offer. Leading a legal life may not be in their bylaws for providing assistance, but it's probably something they never thought they'd need to add.
This is a charity, and as such, they should be allowed to provide or withdraw support at will.
Simply being a veteran doesn't earn you a "get out of jail free" card for life. It earns respect in many ways, but breaking the law and getting away with it isn't one of them.
I also think the charity had the right to make the decision they did - and it won't affect my donation to them.
I'm more interested in the larger question that Olga raised regarding how we treat the vets in these situations from the legal/health care mode, but I clearly muddied the water with the way I wrote it.
As I look at the problem, any answer could be perceived as punitive, rather than long term corrective. I do not see this as giving the Vet a pass on illegal behavior. How do we deal with this? At a criminal or civil court, either the jury or the judge has come to a verdict. After this, there is a process to determine the sentence. The judge looks at aggravating and mitigating factors. This is the place the VA could enter any reports on either side. If there has been treatment suggested, but refused. It is at this point, the Judge calls in all of the VA Reports. After the decision, the Vet begins to see the benefits and consequences of compliance or non-compliance. This is just a place to start to help the Vet be the responsible person of their training.
@Olga, an attorney! You have been patient with us.
As always,
"Grumpy"
I hope everybody understands that I did not even think about suggesting to boycott the charity in question!
While having a separate system to ajudicate veterans' cases might help in some cases the overall effect might be negative. I think what Grumpy has suggested is probably the way to be fair to everyone, the veterans who could use some extra consideration as well as those who shouldn't. It would serve to minimize any perception that veterans are getting a sweet deal when it comes to the justice system at the same time it looked at additional mitigating factors in an individual veteran's case.
As to the charity, it's a hard decision and one I would hate to be forced to make. Everyone hates a blind bureaucracy that doesn't have any room for a case that doesn't fit their preconceived rules but that doesn't seem to be the case here. It sounds like Mr. Gonsalves gave his decision a lot of thought and chose what he felt was the correct action to take.
Just my 2 cents.
1) The military do get very good mental health support compared to civilian which isn;t saying anything very good at all. Civilian mental health support is attrocious leading to many civilians being unable to properly manage their condition and robbing them of a chance to get better if that's possible. So before complaining give that some thought. Veterans get better support is fair though because they are more exposed to causes via war and there is a duty of care or 'social contract' as John often says.
2) I rather believe the problem for veterans and soldiers is not the support per se but rather the underlying attitudes to mental illness in the military. Attitudes which prevent those with problems from facing it and starting treatment and making the treatment more effective. Also peer support is very important and with such attitudes that can well evaporate for a soldier who may primarily only know people in the military. A core goal of your military medics should be to change this attitude but that needs your help.
3) Mental illness is often pooh poohed away as not a real illness. However it is quite real and often quite serious. It's not obvious because there's no gaping wound but that actually makes it worse in some ways. You can easily face the existance of such a physical wound and operate/dress etc it. How do you bind up a wound in your head? It's not easy I assure you.
4) The issue of 'special treatment' and law is very difficult. Most hate the idea of being treated differently due to denial and/or the social consequences (change the attitudes!) but that's the core problem, because they do have a difference. Ultimately mental illness causes behavioural issues of differing severity depending on the condition of the individual with the issue. There is a need for a softer approach to mistakes made. However the freedom/responsibility basics can't be ignored, nor the consequences of such criminal activities on others so there's only so much softening that is reasonable. Behavioural issues also stem from many other sources than mental illness. There must still be appropriate consequences for such actions. 'Gaming' the system by using mental illness as a legal shield for deliberately embarking on criminal activity is a problem cost related to softening the approach. There needs to be a plan to deal with such people but I don't have any brilliant ideas and most of them aren't very nice anyway.
5) One of the reasons support for mental illness stinks is because it's expensive and mental illness is rather more common than most people like to think. The approach has to be very broad. In the military's case there needs to be smart moves from before recruitment right up until death to reduce the issue to the minimum level practicable. This will be no panacea but will greatly improve the overall result.
6) Another angle is family. Mental illness can strain relationships in family quite easily beyond breaking point. Living with a person with mental illness can be rather challenging and many have no idea how hard it can be. Yet support from the family for the ill person is usually the most crucial, just as for physical illness. At times of stress the family as a whole unit also needs lots of support from outside.
Lisa, I thank you for your service in both departments. And I do mean that. When I rant about the VA I do it in a collective sense, like when someone says "those damn polititions", obviously not all are bad. I know there are people who "game" the VA healthcare system, but this just shows me there is another area the VA needs to be improved.
I think before the big "0" forces government healthcare upon the rest of America, he should try to fix the VA model. Perhapse he might change his mind when he sees what bureaucrats can do to healthcare.
Spanky
We are held to a higher standard than most of the private sector, and in many ways we deliver it.....outcomes for various age groups in many cases are above the norm, we certainly beat all heck out of available civilian mental health care, and even in access:
I offer you the opportunity to walk into your private physicians office with no appt and be seen within 2 hours.....at my facility, on my team, if a vet waits more than 20 min beyond the scheduled appt time, heads roll. I manage walk-in veterans, get them treated and on their way as quickly as humanly possible--why? I love them. Not some sappy nonsense, but I do---even the ones wh drive me nuts. If I tell a vet that no, sorry, his positive marijuana and cocaine screen means he can't have his oxycodone, you can bet I'll hear from a Congresscritter someday real soon!
But to suggest that veterans not be held to the standard of law that the rest of us are: No. Being a vet is not a get out of jail free card. Truthfully, many of the problems that seemingly arise in service are there to start with---statistics prove that mental illness, for example, first shows itself in the late teens to early twenties, whether civilian or military.
And yes, I have 2 serving Marines for children. I would uphold this for them as well.
A disabled veteran should be held to no higher nor lower standard of law.
Yes, I know our system of public defenders suck. But it is a far superior system to most other countries where no such system exists. This fellow did NOT have to have a public defender.
A wounded veteran has benefits. Every lawyer in America will work out terms to permit payment over time--usually interest-free--for legal services rendered. If his defender was a public and a bad one, it is because of a choice he made.
If he were truly innocent of the crime, he should have had the moral courage to fight the issue in court and be acquitted. Legally, he is guilty of the crime now. Nothing can be done to change this: it is too late. He PLED guilty and this has the same effect as being found guilty.
Its normal to blame the lawyer. But technically, HE is guilty of the crime, not the lawyer.
His actions and decisions have consequences. He has lost a significant benefit as one of these consequences. I am sympathetic to any man who has served our country and paid such a horrible price for it. But beyond that, he is a moral man who made some moral decisions. I do not see that his status as a disabled veteran give him any preferential status in Law.
@Geekazoid0,
No, he can appeal if he can find an appeals atty who is willing to do a good job pro-bono because appeals are very expensive and even veteran benefits won't cover the cost.
Not every criminal defense atty will 'work out a payment plan', actually they do not tend to have the payment plans because if the person is convicted, it is hard to get your fee paid - professional hazard of their specialized legal field. Unless the client's family has the money and is willing to part with it.
I am sorry but being railroaded by the ADA, overwhelmed and incompetent public defender and overwhelmed by the overflowing docket judge is quite common in our criminal court system. As was noted above, the line between mere possession and possession with intent to distribute is an extremely fine one and movable depending on the state.
Having a special criminal docket to deal with the veterans does NOT put them above the law - they are subject to the same laws as all of us, however this special docket would give them the time of the day EVERY criminal defender is entitled to by our laws. May be having that special docket would force the rest of the criminal court system to shape up.
what I do not understand is why the majority of you see that as taking the veterans outside the applicable laws and being lenient to them... From what I've seen and read (not just here), you guys judge your wayward brothers harsher than we, civilians, do.
What I meant was that since you guys judge your own harsher then we, the ousiders, do, then taking the veterans to the special criminal docket staffed by the veterans won't be making those veterans 'above the law'... But the main argument in this tread continues to be "do not make them above the law" Hence my frustrated sigh :o)
There are two issues being conflated here, as I noted earlier, and tha's really my fault.
1. The specific case of Scott West.
2. Olga's concern that West's case represents a failure in representation in general, aside from the specifics, and that possibly because the people involved don't have a good understanding of veteran's issues and services.
I don't see Olga as proposing the courts create a more lenient standard for veterans, as much as proposing a system by which veteran's cases be handled by people with a better understanding of veterans issues and what options are available to them within the legal and veteran's support systems, just as jurisdictions have special drug courts and juvenile courts, because both those sub-groups have differing benefits and services available to them not always known to Joe and Jane Average Lawyer.
If we separate out West from this, and leave it just at my last paragraph there above, does that make a difference?
@To the rest of us, we look at many of the issues involved, I can understand and respect those who have respectfully backed away from the discussion. I agree with you it is very difficult to grasp, the important thing is this, you are wise enough to know it and the courage to admit it. Many have served in the Military for many years and yet have no experiential background with this issue. There is an unbelievable difference between "knowing about or read about" and "been there and done that"
I have read all of the comments about the law. Now many have spoken of the responsibility of Veterans to live in compliance with the law. But the Government, all of it, is equally responsible. Many laws are written in such a way that most judges and attorneys just don't understand. The laws in some cases does not say, "The Court MAY consider...", but instead it says, "The Court SHALL consider...". The one word difference requires the Court to consider the Veteran's Status. Remember, this is not GIVEN, it is EARNED! Remember, your dues are PAID IN FULL!
@Lisa, it is my honor, to say this, THANK YOU, for your service to the Vets. I've spent a fair amount of time in a VA facility. Yeah, I'm guilty of harassing the staff. Define harass. Any action that has a desired response, The question becomes this,what if my "desired response" is a simple smile, giggle, chuckle or even a laugh. It was the most selfish thing I could do.
Since Mr. West was not sentenced to prison, then appropriate judicial compassion has been shown. As for charitable compassion, I'm sure the decision not to award the man a house after first offering it to him was not an easy one. But it does make me squeamish. All around, actions have consequences. I hope that family and friends come to Mr. West's aid during the five-year probation period and see to it that his life is turned toward fulfilling paths.