Sustained Outrage

When veterans become criminal defendants

gavelflagA case from West Virginia is the starting off point for this article in the New York Times about how judges are considering military service when sentencing veterans who become criminal defendants.

Many veterans like Mr. Oldani have returned from Afghanistan and Iraq burdened by post-traumatic stress, drug dependency and other problems. As veterans find themselves skirmishing with the law, judges are increasingly finding ways to provide them with a measure of leniency.

“More and more courts are noticing and asserting, in a variety of ways, that there seems to be some relevance to military service, or history of wartime service, to our country,” said Douglas A. Berman, a law professor at Ohio State University and an expert on sentencing.

At the federal level, judges are bucking guidelines that focus more on the nature of the crime than on the qualities of the person who committed it. States, too, are forming special courts to ensure that veterans in court receive the treatment their service entitles them to.

Per capita, West Virginia has a disproportionately high number of veterans. According to these figures from the U.S. Department of Veterans Affairs, almost one in ten (or 9.6 percent) of the Mountain State’s population served in the military, compared with 7.7 percent nationally.

As the article notes, many veterans are coming home from the Middle East with Post-Traumatic Stress Disorder.

While veterans are not considered to be more likely to be arrested than the rest of the population, estimates released by the Bureau of Justice Statistics in 2008 found 229,000 veterans in local jails and state and federal prisons, with 400,000 on probation and 75,000 on parole.

There are about 1 million veterans of the two current wars in the Veterans Affairs system so far, said Jim McGuire, a health care administrator at the agency. He cited statistics suggesting that 27 percent of active-duty veterans returning to civilian life “were at risk for mental health problems” including post-traumatic stress syndrome.

In February 2009, Timothy Oldani, of Scott Depot, pleaded guilty to selling night vision optics that his brother, Joseph Oldani, stole while serving at Camp LeJeune in North Carolina. U.S. District Judge Robert C. Chambers, who presides in Huntington, not Charleston, as the Times bylined its story, gave Joseph Oldani 21 months in prison, while Timothy Oldani received a five-month prison sentence.

According to a Gazette brief from June 2009, Chambers told Timothy Oldani during his sentencing hearing: “You were an excellent soldier. You served with honor and bravery, but that is not a free pass to probation.”

More from the Gazette’s brief:

A U.S. Army colonel who serves as the director of the Washington Office of Special Operations Command submitted a written affidavit as part of the case.

“One of the most significant advantages of the military is its ability to effectively maneuver and fight at night,” the affidavit reads. “Enabled by the most advanced night vision technology in the world, our military can see and defeat the enemy in the most severe conditions of limited visibility.

“Keeping this important technology safe and secure, and out of the hands of our potential adversaries, is critical not only to our national security, but to the safety and success of our service members in combat today.”

The affidavit continued: “Our American soldiers are the principal victims of this crime. Illegal exports such as those in the matter at hand can literally put in jeopardy our military’s nighttime tactical advantages and America’s national security.”