Los Altos Citizen Works to Help Veteran Defendants

In January 2009, Sargent Binkley was found not guilty of robbing a pharmacy for pain medication by reason of insanity. According to Santa Clara County Superior Court Judge Linda Condron, and based on expert testimony, he suffered from service-connected Post-traumatic Stress Disorder (PTSD). However, Duncan MacVicar, also a resident of Los Altos, observed the proceedings and thought that the legal process needed some improvement.

MacVicar has proposed amendments that would add language to existing laws to specify which Veterans would qualify for psychological treatment rather than go to prison. Specifically, he would like to identify Traumatic Brain Injury (TBI) as a mitigating condition, as well as language regarding sexual trauma as a mental illness. Currently, the term “combat” is only used in cases of prolonged wars. MacVicar would remove the word “combat” in order to include Veterans returning from limited duty. MacVicar’s proposed amendments are currently under discussion in the state Senate.

Pete Conaty, a well-known lobbyist for Veteran affairs, is supporting MacVicar’s quest. They met at a California Secretary of Veteran’s Affairs forum six months ago. Conaty is responsible for sending the MacVicar proposals to Assembly Veteran affairs staff member Eric Worthen.

MacVicar hopes that the new legislation will smooth the progress of military Veterans getting a fair trial in cases like the Binkley trail. His amendments would define conditions more precisely to help judges make better decisions.

When MacVicar heard Binkley’s story – an army Veteran accused for robbing two Walgreens to obtain pain medications that he had become addicted to – MacVicar paid particular attention to the expert testimony of the psychiatrist who explained the symptoms of PTSD. “As it turned out, I was suffering from these symptoms” said MacVicar. “There I was thinking, ‘Oh my God, that guy sitting in the defendant’s chair could be me.’ That really got my attention.”

MacVicar adds, the hearings are “a lot of work,”even for a misdemeanor. Usually a judge will dispose of a misdemeanor in about 45 seconds.” MacVicar doesn’t think that judges give enough time and thought to these cases.

Regarding his legislation, MacVicar said, “It had received some pretty good response and was sent to a few other people in the state. The real kick was it had come back to me for comment, and that is how I found out. There is pride in it.”

Further, MacVicar said, “There are things that can be considered a mental illness, but aren’t specifically mentioned in the law. TBIs are happening at the same rate as PTSD for Iraq Veterans coming home, and it manifests itself as a mental illness.”

“There are far more women in this war than we’ve ever had before,” he continued. “And, some are coming back with sexual trauma from being raped by a fellow soldier”.

At this time, MacVicar is waiting for a call from the Senate. The outcome is not certain. The Senate, he says, could see the bill completely differently from Veteran’s organizations.

Currently, AB-674 is the law that gives judges authority to sentence a mentally ill Veteran to a treatment facility rather than jail if found guilty, but this is only true in the case of a misdemeanor.

“Judges can be a little maneuvering,” MacVicar says.

Source: Los Altos Town Crier

The National Veterans Foundation provides legal information and resources to Veterans and active duty military in need.  For assistance, call the Lifeline for Vets™ at 888-777-4443.   Visit the NVF’s website at www.nvf.org. To support the National Veterans Foundation, please visit www.help-veterans.org.