Fifteen years ago, when I was a new prosecutor, I had a case that impacted me for years. I was prosecuting a matter involving a defendant who was a military veteran. I learned through his defense attorney that he had been deployed overseas during a conflict. Because of those experiences, the veteran began self-medicating with alcohol after leaving the military. The abuse of alcohol was a catalyst in criminal behavior that led him to getting charges.
The defense attorney explained that his client had previously undiagnosed issues from his repeated deployments; however, the silver lining on the criminal charges was that he hit rock bottom and sought help from the VA. This was a big deal for this veteran because although veterans are the first to offer selfless service, they are notoriously the last to ask for help.
The defense attorney asked me if I’d arrange a plea agreement that honored his client’s military service by avoiding the standard resolution while ensuring that he stayed on the right path. After all, he would not have been involved in the system but for what he was asked to do in service to our country.
My normally cold prosecutor’s heart warmed to the veteran’s plight. I understood where he was coming from. I served four years on active duty in the military prior to becoming a prosecutor. My father is a Vietnam combat veteran, and my grandfathers were both WWII veterans. I consider the people I served with as family. I put together an agreement that would get the veteran help and avoid a conviction that would have had collateral consequences with his job and military benefits.
I proudly presented the deal in court, but things did not go as expected. The judge chided me for offering leniency, and my employer was angry with me for proposing a deal that deviated from the standard disposition. I came to the hard realization that the justice system, especially in Minnesota, had not evolved regarding the needs of veterans. I found myself in a unique position as a prosecutor: advocating for the defendant in a criminal case.
I eventually got my way – I convinced the judge and my employer that it was the right thing to do. The experience made me curious about this lack of understanding when it came to justice-involved veterans. Even Bruce Springsteen understood the intersection of the justice system and the plight of veterans returning home in his song “Born in the U.S.A.” from 1984 (if you haven’t before, I encourage you to lookup the lyrics); why didn’t Minnesota?
I spoke with other prosecutors, especially those with military backgrounds, who told me they faced institutional resistance when helping veterans. I was comforted that there were others out there doing the right thing by addressing the needs of veterans in the justice system (not just prosecutors, but defense attorneys, probation professionals, advocates, court employees, and VA personnel as well), even if we felt like we were in the minority.
I quietly volunteered on cases involving veterans for the next fifteen years and helped ensure resolutions that promoted treatment for service-connected issues. I never forgot their stories or experiences. I was bothered that had they not had the right people in the system, they may have ended up in a worse situation.
After many years, the tide turned in Minnesota with respect to justice-involved veterans. On June 30, 2021, the Minnesota Legislature passed the Veterans Restorative Justice Act. The Act codified into law a specialized sentencing structure for veterans who are in the criminal justice system because of a service-related condition. A service-related condition “means sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or a mental health condition” that stemmed from service in the military and was a cause for the commission of a crime. The act promotes treatment for these conditions.
Not only has the act given official imprimatur to helping justice-involved veterans, but it’s also given us expanded opportunities. Pine County assembled a core team to implement the act, including myself, our wonderful veterans service officer Mindy Sandell, and motivated representatives from Pine County Probation and the Minnesota Department of Corrections. We’ve implemented policies and procedures to identify justice-in
volved veterans, determine if there is a service-related condition and connect them with resources.
I’m happy to report that a veterans mentorship program was also established to help veterans in this program. Two distinguished Pine County military veterans have volunteered and have gone through mentorship training.
I’m hopeful about the progress the justice system has made in this area. I need your help in spreading information about the program so that veterans do not slip through the cracks in the system. If you have any questions about this program, check out our website at: https://www.co.pine.mn.us/departments/probation/veterans_restorative_justice_program_(vrjp).php.
Reese frederickson is the Pine County attorney.
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