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Albany – hours after him Meet David G. Jacobonis At a campaign rally outside Rochester for U.S. Rep. Lee Zeldin, Joe Chennelly began meeting with military veterans.
Chenelly is the executive director of AMVETS, one of the largest veterans service organizations in the country. His first job was as the senior veterans services officer for Monroe County. In a parking lot near the campaign’s event stage — across from the local VFW hall — the two men decided the system had failed Jakobonis, and knew he needed the help of a fellow veteran.
The events that followed led Jakoubonis, a combat veteran who served in Iraq and suffering from post-traumatic stress disorder and alcoholism, to a local courthouse, then a day later to federal court and finally to prison. It was a trip that highlighted the differences between how the two criminal justice systems provide mental health treatment to someone accused of a crime.
On the state side, access to Jacobonis treatment can be achieved through complex regulations and resources. On the federal side, treatment is more accessible — but that’s mainly because he’s held in a county jail while awaiting trial, a process that can take months.
Experts, elected officials and attorneys interviewed for this story offered mixed opinions on how the Environmental Justice Court in Monroe County could direct Jakubonis to mental health services.
Some were skeptical that those services actually existed, especially in rural northern states or densely populated communities like New York City. Others have suggested that a transfer to a special treatment court is unlikely, especially given the current eligibility criteria.
Almost all interviewees, regardless of political persuasion, agreed that Jakubonis should be able to access mental health services tailored to his recovery, both for his own safety and the safety of his community.
“I don’t think the services he’s provided at the time of his incarceration are anywhere near what he needs to be — and that’s not just because he’s a veteran,” said Chennelly, a Republican who is running in a swing assembly district in Monroe County. by Democrat.
Chenelli spoke with Jakubonis’ legal team, who is working to get him released from prison so he can enter an inpatient treatment program with the Veterans Administration. The hearing was rescheduled for Aug. 24 — nearly a month after he was taken into federal custody.
“Unfortunately, we generally lock them away in our society — we forget about them — until they come back out and do bad things again,” Chenelli said.
Explore the system
Jakubonis appeared in Perrinton Town Court for attempted assault the day after Zeldin took the stage at a July 21 campaign event and approached the congressman with a keychain — described by police as a defensive weapon. The criminal charge was not eligible for bail; The judge has no power to send him to prison.
Jakubonis was released the next day on his own recognizance without any supervised conditions, such as checking in with a parole officer, or participating in prescribed programs related to mental health or substance abuse.
The judge’s decision marks the latest chapter in an already highly politicized debate over the state’s bail laws, which Zeldin and Republicans have made the centerpiece of their statewide campaign message.
A judge blamed the state’s bail laws for not allowing Jacubonis to be arrested because Zeldin could be a danger to the public. “The state needs to start prioritizing the safety of law-abiding New Yorkers over criminals,” the candidate said in a statement the next day.
Jakubonis was arrested on federal charges in the July 23 assault on the congressman. In federal court, where judges consider a person’s “dangerousness” to their mental health as a factor in release decisions, Jakubonis was sent to prison.
“I’m thankful that federal authorities are stepping up to do what New York State’s broken, pro-criminal justice system has failed to uphold the rule of law,” Zeldin said. He then releases a campaign ad portraying Jakubonis as a terrifying example. Violations of government securities laws.
In recent days, Zeldin’s tone has softened at times — at least when it comes to Jacobonis. Zeldin described his case as a military veteran who “didn’t get help from the system.”
Jakubonis blamed the state’s bail laws for why he couldn’t get help. Had he been arrested by a judge, Zeldin said, Jakubonis could have received mental health services or support from veterans groups.
“You can use this as one specific example, but there are many different examples of someone being put on the street very quickly,” Zeldin said at a news conference a week after the incident. “You can’t get those services.”
The judge could have imposed non-monetary conditions, including access to services, as a condition of release. Whether you can prescribe inpatient treatment is more complicated.
A spokesperson for the campaign told the Times Union that it was clear the man “needs help to battle various demons.”
“As an Army veteran himself, Congressman Zelda is incredibly compassionate,” Katie Vincentz said in a statement. “While not prejudicing the judge’s ruling, he supports Mr. Jakubonis getting the help he needs and … is confident the judge’s decision will be that way.”
Jakubonis was released by city justice with “no resources, no help, and a return to how he got there in the first place,” Vincent said.
Zeldin, however, continues to run an ad featuring Jakubonis violently assaulting a man. In an interview with Fox Business this week, the host described Jakubonis as “someone who seems to be off his rocker, to say the least.” “If I wasn’t a member of Congress, this guy would be out on the streets,” Zeldin said.
Jakubonis’ first attorney, federal public defender Steven Slawinski, asked the court to release his client to the VA inpatient program. U.S. Magistrate Marian Payson did not have Jakubonis’ medical records in her possession, ordering him to be detained pending a review of those documents. Jakubonis is now represented by John L. DeMarco, a former Monroe County District Court judge who presided over the local Veterans Treatment Court.
Slavinski said Jakubonis has a history of depression and has been on disability since his time in Baghdad. He was awarded the Bronze Star for his service.
Jakubonis had been drinking heavily before the incident, Slavinski said. He was receiving outpatient treatment from the VA, but relapsed.
“He doesn’t get any real treatment in prison,” the lawyer said in an interview.
The prison has a program to bring veterans together for peer support, but inmates are being isolated because of the Covid-19 pandemic.
“We can use all this time between now and productivity,” DeMarco said. “We hope that will be the case.”
‘Very helpful’
Four times in five years, Jacobonis tried to check himself into the VA for inpatient services, Chenelly said, but missed scheduled appointments because he was self-medicating.
A VA spokeswoman said that while the administration works hard to follow up with clients about potential treatment, it cannot force a person to leave if they repeatedly miss appointments.
Like many organizations, the VA is seeing an increase in people seeking mental health services, said Stratton VA Medical Center spokesman Peter Potter. Demand for telehealth services has increased 3,000 percent since the start of the pandemic as people began to isolate and miss out on regular programming, he said.
Prosecutors have seen an increase in the number of people seeking mental health services in connection with going through the criminal courts.
“We desperately need to help people who find themselves in the criminal justice system because of some type of mental health problem,” said Washington County District Attorney Tony Jordan. “We simply lack those flexible resources to help you.”
According to Jordan, president of the New York District Attorneys Association, additional services such as treatment courts are sorely needed.
Because many crimes are not eligible for bail, courts have few tools to encourage defendants to go to inpatient treatment or switch to mental health, veterans or drug courts. About 240 people nationwide are actively participating in the Veterans Medical Court, the Office of Court Administration said Friday.
“How can you help someone who is struggling and then make them commit some crime?” said Jordan. “We don’t have those tools in our arsenal to help them.”
Lack of services for the mentally ill contributes to the cycle of crime. About half of the people living on Rikers Island in New York City have a mental illness, according to the Legal Aid Society.
Even if they know what they’re doing, their actions are heavily influenced by their addiction or mental health disorder, Jordan said. “If you can address that core issue, you can prevent that recurrence.”
An update to State securities laws This April allows judges to release someone for a mental health evaluation or involuntary evaluation.
The standard is high, one requires a clear risk of serious and immediate harm to oneself or others. Experts agree that Jakubonis may not fit that threshold, but are divided on whether the law’s amendment is meant to refer someone like him to outpatient treatment. There are strategies that can be used in the state’s mental health law, but prosecutors and defense attorneys say they are not familiar with it or the actual implementation is often difficult.
Lawyers argue that people with mental illnesses are no more dangerous than people without those conditions, and are often the targets of violence.
State Sen. Jessica Ramos, D-Queens, has pushed for it for yearsJail is not a medical law” This opens up the use of medical courts not only for people accused of crimes, but also for people who have been found guilty. Eliminates the requirement that a defendant plead guilty before entering the treatment court.
According to her legislation, it could create a new incentive for people accused of crimes to go to treatment court by giving them a way where a judge can’t grant bail or hold them and have the charges dismissed after completing the program.
“I’m a big believer in protecting the rights of victims,” Ramos said. “The best way to honor the victim is to make sure[the defendant]can’t hurt anyone else. What’s the best way? The best way is obviously not to throw them in jail and forget about them. That’s what we’re doing. They’re doing it and it’s not going to work.”
She explained the damage that can happen to someone who is incarcerated before a prison case, losing a job and supporting their family. Instead, Ramos said, the goal should be for the person to be treated to reduce the frequency.
Potter said attorneys working with the VA in the state system sometimes forget to consider the resources the Veterans Administration can provide.
If a VA-enrolled veteran reaches out to a defense attorney or family after being incarcerated — even in a domestic case — they may be able to provide one of the Veterans Justice Operation specialists to help them navigate the system.
“why?” It is much better to enter into the heart. And get the treatment,” Potter said. “If a patient comes in and they have a problem with PTSD, going to jail doesn’t solve anything. But getting treatment for PTSD, if that’s what’s causing the issue — how can we respond?”
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