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Court for combat vets in trouble?

Attorney wants idea considered locally; judges say there’s no money or need

June 9, 2008
By Brad Bauer, bbauer@mariettatimes.com
In the past month at least three local combat veterans were sentenced to prison, each blaming at least some of their legal troubles on their military experience.

According to Marietta attorney Rolf Baumgartel, a growing number of veterans are returning home and turning to alcohol or drugs to help suppress memories of combat. He has represented at least four combat vets in legal trouble this year to date.

The problem is not unique to Washington County and some communities, including Buffalo, N.Y., are now addressing the situation by implementing specialty docket courts to handle veterans who find themselves in legal trouble.

Instead of time behind bars, most soldiers who enter Veterans Courts are sentenced to undergo mental health or addiction counseling. If they successfully complete treatment their charges are generally dismissed.

Baumgartel said the idea should be considered locally, but local judges say there is no funding for such a court. It was announced last week the county’s three-year-old drug court is set to close in August because funding dried up.

“It has become clear to me that experience in a war zone can lead to criminal problems,” Baumgartel said. “These guys are coming home with emotional problems and substance abuse problems, which leads to criminal problems.”

Washington County Common Pleas Judge Susan Boyer said last week Ohio already allows for mental health and drug courts. In addition to a lack of funding she said a veterans court probably isn’t warranted.

“The issues these veterans are facing fall into one or both of these courts,” Boyer said. “And I’m not sure, but I don’t know if the numbers of local veterans would justify another court.”

Local veteran’s affairs officials could not be reached on Sunday for comment.

A study released in April by the RAND Corporation, a California-based research organization, indicated 19 percent of veterans who have returned from Iraq and Afghanistan — roughly 300,000 people — report symptoms of post-traumatic stress disorder or major depression.

“If we are going to support our troops, let’s support them and not dump them when they are down,” Baumgartel said.

Assistant Washington County Prosecutor Ray Dugger, a Vietnam War veteran, said he questioned the validity of post traumatic stress disorder (PTSD).

“I’ve spent most of my adult life not buying into the notion of any PTSD,” Dugger said. “Now, I think there is certainly something wrong with these folks — something that makes them need that crutch of drugs or alcohol.”

Dugger said memories of combat experience are hard to put to rest.

“I spent two years, four months and 27 days in Vietnam, but who’s counting?” Dugger asked.

Dugger said he would support the notion of a specialty court for veterans.
 
 

 

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Fact Box

- Gary Frazier, Vietnam War veteran, of Lowell, was sentenced last month to two years in prison for shooting a man last year at Haught Run Campground. Frazier, diagnosed years ago as suffering from post-traumatic stress disorder, said the disorder leaves him feeling more guarded and likely to react when threatened.
- Brandon Hall, Iraq War veteran, of Beverly, was sentenced last week to four years in prison for engaging in consensual sex with a 12-year-old. Hall said he began drinking heavily after returning from Iraq, which led to the incident. He said he sought alcohol treatment from the military prior to the incident but he was discharged after he showed up for treatment under the influence.
- Thomas Brandt, Iraq War veteran, of Marietta, was sentenced Friday to 90 days in jail and to five years of probation for participating in a Nov. 18 armed robbery at a Harmar residence. Brandt’s attorney said the soldier began drinking heavily after returning from Iraq and that he was approached by two men about going to a house to get drugs. Prosecutors said Brandt didn’t know a robbery was going to occur, but because he was there with the men he was an accessory to the crime.