Veterans increasingly find service helps in court The Associated Press
SAN FRANCISCO — The plea was passionate, dramatic and effective: haunted to addiction by memories of a Bosnian mass grave and the shooting of a teen in Honduras, former U.S. Army Capt. Sargent Binkley robbed two Silicon Valley pharmacies for painkillers.
A Santa Clara County jury came back in January 2009 with a verdict of not guilty by reason of insanity for the first robbery. Because of that verdict, a San Mateo County judge in March approved a plea bargain between Binkley and prosecutors that called for mental health treatment rather than a lengthy prison sentence for the second pharmacy stickup.
"People who fight our wars and serve our country should absolutely get special treatment," said Binkley's attorney Chuck Smith, reprising the closing argument he delivered to Binkley's jury. The jury ignored a prosecutor's argument that the U.S. Military Academy graduate should be held accountable for his criminal behavior.
Leniency for veterans is a legal argument that is increasingly carrying the day in courts across the country. It's also sparking debate over whether such special treatment is fair. Even supporters disagree over what crimes committed by veterans who suffer from post traumatic syndrome, severe brain injuries and other service-related maladies should qualify for special sentencing.