Lawyer: ‘The system can do a better job with our veterans’

Commander’s Project highlighted at conference

ST. CLOUD — Brock Hunter, a Minneapolis-based criminal defense lawyer and Army veteran, is the co-founder of the Veterans Defense Project. The Minnesota American Legion and the VDP were partners in the 2021 passage of the Veterans Restorative Justice Act in Minnesota.

The law standardized veterans courts from county to county, and it allowed veterans before judges in counties without veterans courts to petition to have their case heard in ones with them.

Hunter was the main speaker for the Fall Conference in St. Cloud. The VDP is Commander Carl Moon’s project. He has a goal of raising $60,000.

VDP is working on similar legislation in other states and expanding veterans courts in Minnesota. Hunter gave an update.

“Of the 3 million Americans who served in Vietnam, 1-1.5 million suffer psychological injuries,” Hunter said.

He said a separate conversation about the nature and data of the Vietnam War could be had. Nevertheless, he said society demonized the Vietnam veterans, then the justice system treated them more harshly than the civilian population for the same offenses, studies have shown.

“We could not have done a much worse job with the Vietnam generation,” Hunter said.

While 58,000 were killed in the Vietnam War, it is estimated another 50,000 have died by suicide, he said, and the figure would be higher if self-destructive behaviors are factored.

He called on the audience to think of the families impacted and the sheer cost of incarceration on taxpayers. Then he shifted to the present.

He said 2.6 million Americans have served in Iraq and Afghanistan wars, with around 500,000 suffering effects of PTSD, and 500,000 with traumatic brain injuries. He said the actual numbers are likely higher. The VA says the veteran suicide rate is 17 per day. However, he noted the true figure is higher, again, when including self-destructive behavior.

This includes 300,000 women who served in Iraq and Afghanistan, with 20 percent diagnosed with PTSD from combat or military sexual trauma, Hunter said.

These were long wars fought without a draft, so the burden was not spread out among the American population. Servicemembers went on multiple deployments whether they liked it or not. The government sent in smaller forces than during Vietnam “and recycled troops again and again and again.”

This, he noted, included the National Guard units. He mentioned the Minnesota National Guard’s infamous “long deployment,” a record 22-month deployment by the 1st BCT of the 34th Infantry Division. It came as a result of extensions.

Hunter said the VA has expanded its capacity for psychological injuries. Three main barriers tend to prevent seeking help: 1. Superman syndrome, where the soldier feels 10 feet tall and bulletproof. 2. Survivor guilt. 3. Feeling shameful about getting help. Often, they will self-medicate with alcohol or possibly other drugs.

The Minnesota Legislature passed a law in 2008 asking — not telling — courts to consider military service when sentencing and whether getting help would be possible.

In Porter v. McCollum, the U.S. Supreme Court in 2009 overturned a Florida death sentence because lower courts failed to consider military service.

That same year, Buffalo, N.Y., established the first Veterans Treatment Court. Minnesota, in 2011, started its own pilot program. Of the 87 counties in Minnesota, only 26 have veterans courts.

Under the guidance of former Secretary of Defense Chuck Hagel, Nebraska enacted a law in the spring called the Veterans Justice Act, much like Minnesota’s 2021 law, to get veterans into an evidence-based treatment program.

“The system can do a better job with our veterans,” Hunter said. “A dozen more states are looking to pass the same law. The snowball might be too big to keep up with.”

American Legion Family members are invited to register for the third annual Veterans Defense Project event at 4 p.m. Tuesday, Nov. 12, at the University of St. Thomas School of Law, 1101 Harmon Place, Minneapolis, by RSVPing at veteransdefenseproject.org. Speakers include retired Maj. Gen. Johanna Clyborne and retired Gen. Joseph Votel.

Veterans Defense Project is Commander Carl Moon’s fundraising project for the year. He has a goal of $60,000 and is presently around $10,000. Donate to his project by clicking here and selecting Fund 82.