Court shows compassion for Mass. veterans

Besides the flags representing each branch of the military that hang from its eastern wall, courtroom 3 of Dedham District Court looks much like any other hall of justice.

Jessica Trufant/Daily News staff

Besides the flags representing each branch of the military that hang from its eastern wall, courtroom 3 of Dedham District Court looks much like any other hall of justice.

It’s what happens inside the courtroom each Tuesday afternoon that's not business as usual.

"How are you? How’s the back doing?" Judge Mary Hogan Sullivan asked defendant John O’Leary as he stood before her Tuesday.

"Everything is going about the same," O’Leary answered. "My shoulder is getting better, so there’s an end in sight."

About 180 days sober, O’Leary is one of the 20 or so veterans Sullivan regularly sees at the mandatory session for the Norfolk County Veterans Treatment Court.

The court-supervised 12-to- 24-month program, the first of its kind in New England, serves veterans tied up in the criminal justice system because of their struggles with addiction and mental health issues.

Sullivan asked O’Leary about his attendance at appointments and sobriety meetings, and any challenges he’s faced in the weeks since she last saw him.

"John went over and above," Sara Cohen of the probation department chimed in. "He’s trying to spearhead an organization of veterans to hang out."

"That’s exactly the solution to your biggest challenge this week: hanging with the right people instead of the wrong people," Sullivan said to O’Leary, who cracked a smile. "Keep up the good work, and I’ll see you in two weeks."

Sullivan’s encouraging words are not unique to O’Leary. In the year since she launched the treatment court, Sullivan has gotten to know the veterans on a personal level. She asks about their children. She knows when one of their grandfathers is ill.

While stern in her expectations for the vets, Sullivan cares whether treatment is working – and she helps come up with a solution when it isn’t.

"I told you things would be better this week," Sullivan said to one vet.

"I’m glad you’re back on track," she told another. "We were worried about you."

Sullivan got the idea for a veterans court in 2010 while attending a national drug court conference in Boston. Both types of courts encourage treatment before incarceration.

"It’s the best opportunity to make a change in the lives of these people," Sullivan said while speaking after the session.

A team from Dedham District Court in October 2011 went through a week of intensive training at a veterans court in Tulsa, Okla., and launched its own in March 2012.

Current participants are men between the ages of 20 and 70, but Sullivan said several women are expected to join. No veterans have completed the program yet, though several are in the fifth and final phase.

Eligibility is determined on a case-by-case basis, but veterans must be charged with a misdemeanor or felony in Norfolk County and qualify for probation.

They must also observe a session before joining the voluntary program, which combines judicial supervision with treatment.

"This is harder than regular probation," said Assistant Chief Probation Officer Jeffrey Jarasitis, the team coordinator for the program. "This is not a free ride by any means."

The first veterans treatment court was founded in Buffalo, N.Y., in January 2008, according to Justice for Vets, a Virginia-based nonprofit that advocates for their creation.

As of June 2012, 104 veterans courts across the country were up and running, and hundreds more are in the planning stages.

"The number is growing at an incredible rate, and there’s a lot of interest in starting these courts, especially as (law enforcement) begins to track the high number of vets being arrested," said Christopher Deutsch, director of communications for Justice for Vets.

A Department of Defense Health Behavior Survey from 2008 showed heavy drug and alcohol use among veterans who served in Afghanistan and Iraq. From 2002 to 2005, prescription drug abuse doubled among military personnel, and almost tripled between 2005 and 2008.

Often related to substance abuse, mental illness is a major concern raised in research on returning veterans, some of whom suffer from post-traumatic stress disorder and traumatic brain injuries.

While many veterans are facing drug-related offenses, Deutsche said, the courts accept some violent offenders because PTSD and brain injuries are often manifested through aggression.

Prosecutors, defense attorneys and mental health professionals determine whether a veteran poses too much of a public threat to join the program over incarceration, and the district attorney makes the final call.

"It allows each case to be taken on an individual basis, and at least the discussion is taking place," Deutsche said. "A few years ago, that conversation wouldn’t have even happened."

While research on the courts’ effectiveness is still in the works, the anecdotal evidence is promising – of the approximately 70 veterans who have gone through Buffalo’s program, Deutsche said not one has been re-arrested.

"Those are the types of numbers we’re seeing across the country," he said.

The story behind each veterans court varies. Sometimes it’s a state-wide initiative, while in other cases, a judge, like Sullivan, sought a startup grant.

"The training is critical to the success of these programs, because it’s far from business as usual," Deutsche said. "The collaboration between the defense, judge and probation, a lot of them have never worked together like that."

The "secret sauce," Deutsche said, and the reason Sullivan knows so much about the veterans, is the team meeting that takes place before court that gives probation a chance to fill the judge in on each veteran’s progress.

"It creates this personal interaction between judge and participants that’s different than anything you’ll see in a regular court," he said.

The courts also bring the Veterans Administration into the equation, ensuring each veteran receives the benefits he or she earned – ranging from mental health and substance abuse treatment, to housing, education and employment benefits.

The mentor program, where volunteer vets are paired with participants for peer-to-peer support, helps ensure they stay out of trouble between court appearances and beyond.

While Norfolk County currently has the state’s only full-blown veterans treatment court, Mission Direct Vet, a jail diversion program funded through a federal grant, is currently offered out of Worcester, Lawrence and Brockton district courts.

Sullivan said she "wouldn’t be surprised" to see more veterans courts opening around New England. Teams from both Rhode Island and Northampton recently observed Dedham’s program, and the first-ever national conference on veterans treatment courts is slated for December.

The interest is definitely there, added Jarasitis, who said he’s "constantly" receiving emails about the program from around the country

With 34,000 more veterans expected to return home by this time next year, Deutsche said it’s crucial to have such a system in place for those who are struggling, both before they get into trouble and after.

"We still have Vietnam veterans on the streets, never mind the first wave of Afghanistan and Iraq veterans," he said.

Jessica Trufant can be reached at 508-634-7556 or JTrufant@wickedlocal.com.