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Efforts under way to create Veterans Court in the Valley

by Jim Cross/KTAR (November 3rd, 2008 @ 5:25am)

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Many United States soldiers returning from Afghanistan and Iraq have been unable to leave the battlefield behind them, and now an effort's underway in the Valley to help soldiers get through the court system.

Several groups are working to create a Veterans Court in Maricopa County. It would handle criminal cases involving all soldiers, but primarily it's designed to address the unique needs of combat veterans with post traumatic stress disorder and brain injuries suffered on the battlefield.

"They haven't gone off of being on full alert," said Bill Richardson, a former Mesa police officer and Marine veteran who is behind the idea.

Retired Maricopa County Superior Court Judge Kenneth Fields is spearheading the effort.

Fields said veterans face special problems.

"These are people who were civilians, signed up to be part-time warriors, if you will, but now they're full-time warriors and part-time civilians... We're trying to get basically ahead of the curve, unlike we did for Vietnam, Korea, World War II."

Fields and Richardson said the Arizona Supreme Court, Superior Court, police departments and others are on board with one exception, Maricopa County Attorney Andrew Thomas.

Barnett Lotstein with the county attorney's office responded that that is "absolutely untrue."

Lotstein said the county attorney's office is considering the idea, but there are many questions about a Veterans Court.

"Homicide cases, do they get sent to a Veterans Court? Or is it limited to misdemeanors or lower-level felonies. These are questions that are unanswered at this time and, until we get some answers, we can't venture an opinion.

"Who would be assigned to a court of that type? For examine, would Dale Hausner, who is presently on trial for murder -- if he were to be a veteran, would that be the type of case that would go to Veterans Court?" Lotstein asked.

He added, "For anyone to say that the county attorney's office is a stumbling block or has dismissed out-of-hand the consideration of a Veterans Court is absolutely untrue."

Fields said the Veterans Court deserves a try.

"If it works, go with it. If there are things that don't work, fix it. I think it's going to be a positive -- something good's going to come out of it if it's a specialized court."

Former County Attorney Rick Romley, a Vietnam veteran, is among those supporting a Veterans Court.

"We owe them nothing less than that," said Romley, who also claims Thomas "has not been supportive and has regularly been on the record as not supporting it."

Vietnam veteran Jerry McNally is among those who say a Veterans Court is needed.

He said he has never gotten over being on the battlefield.

"Here I am 40-some years later and every single day it's in my mind. Logic would say it should go away, but it just doesn't, and I cannot explain why it doesn't go away. It's something you have to live with and deal with every day," McNally said.

He said some people believe soldiers should be able to flip a light switch once they return home.

"You turn it off and you don't have that any more. Then, they're put into a circumstance that's a flight circumstance and, traditionally, they're going to respond they way they've been trained and the way they had acted in their tour in harm's way," said McNally.

Another veteran, Lanny Brent, said he is not sure whether a court specially tailored for soldiers, is needed, but that he is sure of one thing -- that post traumatic stress disorder and major depression must be taken into accoung when dealing with those who fought for our country.

"And maybe get them better treatment. Because many of them can't seem to get into VA beds, they cannot seem to get VA treatment like they have requested. Guys who are suicidal are waiting to get into psychiatric wards."

Brent said the court decision must be worked out rationally, not emotionally.

It's estimated that 300,000 American soldiers who have served in Afghanistan and Iraq now suffer from post traumatic stress disorder or major depression.