Anyone faced one of these claims in the courtroom lately? How did you handle it?


January 27, 2008

War Torn
In More Cases, Combat Trauma Is Taking the Stand

By DEBORAH SONTAG and LIZETTE ALVAREZ
The New York Times (link)

When it came time to sentence James Allen Gregg for his conviction on murder charges, the judge in South Dakota took a moment to reflect on the defendant as an Iraq combat veteran who suffered from severe post-traumatic stress disorder.

�This is a terrible case, as all here have observed,� said Judge Charles B. Kornmann of United States District Court. �Obviously not all the casualties coming home from Iraq or Afghanistan come home in body bags.�

Judge Kornmann noted that Mr. Gregg, a fresh-faced young man who grew up on a cattle ranch, led �an exemplary life until that day, that terrible morning.� With no criminal record or psychiatric history, Mr. Gregg had started unraveling in Iraq, growing disillusioned with the war and volunteering for dangerous missions in the hope of getting killed, he testified.

Nonetheless, the judge found that Mr. Gregg�s combat trauma had not rendered him incapable of comprehending his actions when he shot an acquaintance in the back, fled the scene, and then pointed the gun at himself as a SWAT team approached � the helmeted officers �low crawling,� Mr. Gregg testified, and looking �like my own soldiers turning on me.�

When combat veterans like Mr. Gregg stand accused of killings and other offenses on their return from Iraq and Afghanistan, prosecutors, judges and juries are increasingly prodded to assess the role of combat trauma in their crimes and whether they deserve special treatment because of it.

That idea has met with considerable resistance from prosecutors and judges leery of creating any class of offenders with distinct privileges. In Mr. Gregg�s case, for instance, Judge Kornmann cautioned the jury that nobody got �a free pass to shoot somebody� because they �went to Iraq or Afghanistan or the moon.�

Still, more and more, with the troops� mental health a rising concern, these defendants are succeeding in at least raising the issue of psychological war injuries. Aggressive defense lawyers, many in the military bar, are insisting that Iraq or Afghanistan be factored into the calculus of justice in these cases. They are arguing that war be seen as the backdrop for these crimes, most of which are committed by individuals without criminal records.

[snipped for length; click link above for full story (it's long)]

I have one pending currently where a claim of Iraq War related PTSD is likely to be asserted. I'll let everyone know how it turns out.

I had a defendant with a minor misdemeanor offense and he agreed to go to the VA hospital for two weeks.

We are treating our veterans like crap! My D makes something like $567.00 a month in full disability. Titanium plate in head. When he hits 65 he will get an increase. That's only about 43 years away for him. Hope that $567.00 a month disability works out until then.

I predict cases such as this will be worse than those that were seen when the Vietnam vets came back. I was a young Harris County deputy in the early 80's, and it seems like with the Vietnam vets there was a delay of about 10 years or so before the PTSD kicked in. With the Iraq vets, it seems like it is kicking in right away.

I have a felony DWI where the guy claims that he was drunk because he was self-medicating, dealing with both physical and mental issues related to the war. This is his second DWI since coming back from Iraq. The defense attorney is pushing for some consideration of his service. I'm not sure how it will turn out at this point.

Punish him so he will learn to self-medicate at home and not be on our highways.

I couldn't agree more. He also had his kids in the car with him.