300 Veterans, Some With PTSD, Are on Death Row; Should These Veterans Get the Death Penalty?

2015-11-10T09:08:12-05:00

During Courtney Lockhart's capital murder trial, the jury heard testimony that he had returned from a bloody 16-month deployment to Ramadi, Iraq, a changed man.

His sweet nature was replaced by anger and paranoia, his ex-fiancee said. He hid in the closet at night, started living out of his car, drank too much and once put a gun to his own head.

The defense argued that Lockhart, who was dishonorably discharged, was suffering from untreated PTSD and wasn't in his right mind when he abducted, robbed and fatally shot college student Lauren Burk in 2008.

The Alabama jury rejected the prosecution's call for the death penalty and sentenced him to life. But in a rare move, a judge overrode the panel's decision and put him on death row.

The case of Lockhart — whose brigade had a dozen other men charged with murder or attempted murder after coming home from Iraq — is highlighted in a new report by the Death Penalty Information Center, a group that opposes capital punishment.

"At a time in which the death penalty is being imposed less and less, it is disturbing that so many veterans who were mentally and emotionally scarred while serving their country are now facing execution," said Robert Dunham, the center's executive director.

About 300 veterans are on death row nationwide, about 10 percent of all those condemned to die, the group estimates.

It's unclear how many have been diagnosed with PTSD or have symptoms, but Dunham says that in too many cases, a veteran's mental scars are not examined closely enough by defense lawyers, prosecutors, judges, juries and governors who can commute death sentences.

The first prisoner executed this year, Andrew Brannan, was a Vietnam vet on disability for PTSD and bipolar disorder when he fatally shot a deputy nine times during a speeding stop.

Dash-cam video showed Brannan dancing in the street and saying "shoot me" before he pulled a rifle from his car and fatally shot the 22-year-old cop. The U.S. Supreme Court declined to stop his lethal injection.

Kent Scheidigger, legal director of the pro-capital punishment Criminal Justice Legal Foundation, said that since PTSD does not normally cause sufferers to become violent, the condition "may not have anything whatever to do with the crime."

"If a crime is sufficiently heinous, a death sentence may be the just outcome," he said. "Mental issues may be weighed in the balance, but they would have to be very severe before they outweighed, say, torture or serial killing."

At Lockhart's trial, according to media accounts at the time, a prosecution expert testified that he was not mentally ill and knew what he was doing was wrong when he killed Burk. A defense expert said he had symptoms of PTSD but not a diagnosed case.

After the jury heard testimony from those close to Lockhart about the problems he experienced after his military service, the panel voted 12-0 to spare his life, but the judge overruled them, saying they didn't know about other robberies he had committed.

Supreme Court Justice Sonia Sotomayor later wrote that jurors were "influenced by mitigating circumstances relating to severe psychological problems Lockhart suffered as a result of his combat in Iraq.''

"Lockhart spent 16 months in Iraq; 64 of the soldiers in his brigade never made it home, including Lockhart's best friend," she wrote. "The soldiers who survived all exhibited signs of posttraumatic stress disorder and other psychological conditions. Twelve of them have been arrested for murder or attempted murder."

The Death Penalty Information Center said its report was meant as a "wake-up call" to spark conversation about imposing capital punishment on trauma survivors.

"The country owes its veterans a thorough examination of the use of the death penalty in their cases, even when their offenses are especially grievous," the report said.

300 Veterans, Some With PTSD, Are on Death Row: Report

A report says about 300 veterans are on death row around the country.

Response by CMSgt Mark Schubert made Nov 10 at 2015 9:13 AM

2015-11-10T09:13:26-05:00

The crime here is that they are not getting treated for PTSD, but who's fault is that? You can't treat me for a cold if I don't tell you I have one! And PTSD doesn't give anyone the right to be criminal.

Response by 1SG Private RallyPoint Member made Nov 10 at 2015 9:35 AM

2015-11-10T09:35:19-05:00

I think the important thing to consider is that in order to be put on death row, you must not just commit a crime, even murder. It must posess aggravating factors - ones I think we can all agree make the crimes particularly heinous.
This would constitute a danger to society and a low likelihood of rehabilitation.
Locking them up for years with their demons in not a more humane solution, in my opinion.

Response by CPT Jack Durish made Nov 10 at 2015 10:09 AM

2015-11-10T10:09:07-05:00

Oh boy, take a controversial issue (death penalty), stir in PTSD and what do you get?

My opinion on the death penalty has admittedly swung like a pendulum through the years. However, regardless of its current state - for or against - I have always argued that it be applied with great restraint. Mistakes in application simply can't be undone, can they?

In this case, it seems that untreated PTSD must be evaluated as an insanity defense. Was the perpetrator capable of distinguishing between right and wrong? It's easy to see how PTSD could bedevil a person into committing a heinous crime, but would it prevent them from discerning the "wrongness" of their action?

So many questions - So few concrete answers.

Of course, my heart goes out to all veterans who find themselves in such a predicament, but it also goes out to victims as well as other potential victims.

So here comes my opinion: Death? No. Incarceration? Yes, but incarceration with a view to redemption. Think about it: Imagine that some treatment would help this person overcome their PTSD and ultimately return to "sanity". Wouldn't awareness of their crime accompany the cure? Think how they might feel then. I think I might prefer insanity to discovering that I was a murderer. How about you? I would hope like hell that my cure would include some forgiveness; self-forgiveness as well as societal forgiveness.

Response by Lt Col Scott Shuttleworth made Nov 10 at 2015 10:30 AM

2015-11-10T10:30:39-05:00

Based on what I have read, I believe the judge did the right thing here. The jurors were swayed by a lawyer playing on the emotions of them sending a troubled veteran to death row. However, this all started way back before he abducted this girl. We don't take care of our veterans with PTSD. on active duty or off. He was discharged without any help. Should he have self reported, maybe. However, when we return from a deployment, we fill out a form and state nothing was wrong. Someone looks at it and sends you on the way. However, we need to do a better job of sitting down with personnel, post deployment. I know this is time consuming and personnel draining but it could provide for some of these folks to get the help they need but don't know that they need. I don't know the answer but we turn these folks out because they have been told to stay away from the head docs and they know what to say to them on the paperwork to keep walking and then we just turn them loose. In this case we cannot look the other way and say just because he is a veteran he needs special treatment...he is a civilian now and therefore needs to be in society and abide by the rules, and if he doesn't, then accountability needs to be handed down. He is a danger to society and needs to be put away.

Response by SSG Buddy Kemper made Nov 10 at 2015 10:36 AM

2015-11-10T10:36:48-05:00

I'm probably too narrow minded, brother. But my PTSD (and i have a decent sized dose if it) doesn't give me the right to go berserk. A crime is a crime. Murder is murder. Death penalty is very seldom handed out in Tennessee and much less ever carried out. On the other hand, I waited over a year before I was even evaluated by the VA for PTSD, let alone any treatment. Maybe that's another discussion for another day. I'll share something from my law enforcement experience (patrol, SWAT and detective for a while). Lets say a major crime occurs, lets say a homicide. A patrolman or 3 show up to the initial 911 call& at least one of these folks will have little experience. And lets say they DON'T contaminate the scene and then at least one detective and CSI show up and take the scene. They process it, remove evidence (and DON'T contaminate it?). They interview witnesses, if there are any, and lets say they determine a suspect. Lets even go so far to say that there is even a confession by the suspect. If the case is taken on by a good DA or assistant DA(and there are some that aren't good) and they feel good enough about it to TRY to get the Death penalty. Then you still have a trial by jury....12 folks with NO law enforcement experience usually and it only takes ONE who doesn't agree with death penalty or the evidence or doesn't like cops or the legal system or whatever gripe they have....just one dissension to have it thrown out. Activist judges can throw up roadblocks too, although that isn't a problem much from where I'm at. ANYWHO, when ya consider all that it's a small miracle that anyone gets serious prison time, let alone the Death penalty. All that said, my heart goes out to Vets who suffer from mental issues or struggle with anger and chemical dependency. I deal with it myself. And my family deals with it. But don't hurt anybody. Just my 2 cents worth. Hope not to offend. Blessings to all....HAPPY VETERANS DAY!!!!!!!!

Response by LTC Stephen F. made Nov 10 at 2015 10:47 AM

2015-11-10T10:47:39-05:00

MSgt Curtis Ellis I would expect that PTSD is similar to other psychiatric defenses which may be valid in limited cases. Flip Wilson made light of this so long ago when he said "The Devil made me do it." This report says there are 300 veterans on death row. That is just under 10% of the total death row population of 3,108. https://death.rdsecure.org/article.php?id=86
I would be interested in how many veterans with PTSD who committed capital crimes are not on death row for comparison. Given the attention that PTSD has received I would expect that number has risen in the past 5 years.
We are each responsible for our actions. Those who deliberately murdered other human beings should expect to be executed or spend life in prison without parole in those states that don't execute prisoners.

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Response by MCPO Roger Collins made Nov 10 at 2015 11:15 AM

2015-11-10T11:15:26-05:00

What is the legal difference between PTSD and the Insanity plea? If there are 300 (estimate) inmates on death row, how many have lost their families to these 300 or so. Further, unless they are located in Texas, it is the same as life in prison. Most of us will be dead and gone before those 300 will be executed.

Response by LCDR Rabbah Rona Matlow made Nov 10 at 2015 11:17 AM

2015-11-10T11:17:44-05:00

I our era, the death penalty should be eliminated universally. It costs more to execute someone than to give them LWOP, and besides, if the conviction was flawed, you can't undo an execution...

Response by Cpl Jeff N. made Nov 10 at 2015 12:22 PM

2015-11-10T12:22:31-05:00

Are we now going to make an argument that PTSD may be an insanity defense in a court of law? Be careful what you ask for. You may just get it. Do you want all Veterans with PTSD to be considered possibly criminally insane? What about civilians that have PTSD through some sort of significant events? Do they get a pass too? What about the PTSD sufferers who never even went to a war zone, do they get a pass too?

Response by SPC David Hannaman made Nov 10 at 2015 12:36 PM

2015-11-10T12:36:57-05:00

The biggest thing that bothers me about the case is that the Judge overruled the Jury's decision.

It would be better if ALL mentally ill could get treatment before a horrible crime is committed, especially veterans, but that the abduction and murder was committed by a veteran with PTSD doesn't make it less tragic, just as I don't see PTSD as the result of years of abuse and neglect as justification for committing a crime.

I'm pretty pragmatic when it comes to the death penalty, I see confining someone to solitary in a supermax much more cruel and inhumane.

Response by PO2 Bernard Burney made Nov 10 at 2015 1:13 PM

2015-11-10T13:13:10-05:00

How sad! Veterans must demand more from our government!

Response by CSM Michael J. Uhlig made Nov 10 at 2015 2:45 PM

2015-11-10T14:45:37-05:00

No slack in this thread MSgt Curtis Ellis! I understand every case is different and has to weighed on its own merits however, as a general rule of thumb, I believe if you committed the crime then it is too late to say "I had untreated PTSD".

My analogy is a heavy drinker decides to get in the vehicle and kills a family on the way home from the bar, it is too late for the drunkard to lay blame on an issue of undiagnosed alcoholism....you have a problem, you seek help for the problem before you commit a serious crime. It is unfortunate, but our Veteran brother and sisters that have committed these crimes must pay for them regardless of PTSD.

Response by MSgt Michael Smith made Nov 10 at 2015 4:25 PM

2015-11-10T16:25:09-05:00

I don't agree with the death penalty, but with that said I certainly do not believe that a veteran with PTSD on death row should receive any special treatment whatsoever. The VAST majority of prisoners in America are there because they have some sort of mental disorder or illness. Whether that disorder is PTSD, anti-social personality disorder, maladaptive personality disorder, bipolar disorder, or pedophilia, it does not matter. Unless a person is deemed innocent by reason of insanity, then they are guilty and should be punished. Vets are no exception whatsoever.

Response by SGT Rick Ash made Nov 10 at 2015 5:36 PM

2015-11-10T17:36:22-05:00

No,No,No! Regardless of charges at least allow them to live out their lives in prison. Death Penalty lets them stop the suffering. Keep them on Death Row.
Thanks,
Rick

Response by CMSgt James Nolan made Nov 10 at 2015 11:03 PM

2015-11-10T23:03:36-05:00

Death Penalty cases are not taken lightly. The length of time invested in the final outcome is tremendous. PTSD should not be a blanket excuse for criminal behavior. In all serious criminal cases, mental faculty is looked at.
We as military members, veterans, and retirees must look out for our brothers/sisters, and we must look out for ourselves A great many of us are too proud to seek help for ourselves, to our own detriment. The things that many have seen and done, cannot be undone. We owe it to ourselves to take care of our veterans. Every person is different, some can simply store it, some will have obvious symptoms that we (lay people) can readily spot, some not so much. This is a very serious issue that is not a simple Yes or No.

Response by PO1 John Miller made Nov 11 at 2015 12:59 AM

2015-11-11T00:59:21-05:00

PTSD, nor any other mental health condition for that matter, is not an excuse. Somewhere in their mind they know what they are doing is wrong and they should ultimately be punished.

Response by SFC Donavia Etheridge made Nov 14 at 2015 8:26 AM

2015-11-14T08:26:39-05:00

I don't think they should I have PTSD and the VA says it's a sickness and why should you put him to death.