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Public Testimony

Kapner testimony: Veterans Court limitations and exclusion criteria

New York City Council · Sep 18, 2026 · starts 2:27:22 · 3 min 7 sec

Kapner identifies key limitations: spots are limited by bed availability, only indicted felony cases qualify, there is no misdemeanor veterans court, and crimes with violent components—often tied to PTSD—can exclude veterans who would benefit most. He praises Manhattan Judge Mershon and the DA for considering otherwise-disqualifying cases.

Member of the Public - David Kapner

Veterans Court, I think someone else spoke about it before, there are peer mentors that come from the VA that even if you're not eligible for VA services per se, the mentoring program, they're there.

Member of the Public - David Kapner

They'll call you and they'll check in with you.

Member of the Public - David Kapner

You can call them.

Member of the Public - David Kapner

They'll be there in court to greet you, because it can be, as you can imagine, very stressful to be in court and have your life talked about in front of an audience.

Member of the Public - David Kapner

Not the best parts of your life.

Member of the Public - David Kapner

So the mentors are there.

Member of the Public - David Kapner

They're very supportive.

Member of the Public - David Kapner

You can reach out to them.

Member of the Public - David Kapner

They will check in with you.

Member of the Public - David Kapner

And it's almost always the same group.

Member of the Public - David Kapner

They have, the VA has veteran justice outreach coordinators that can help coordinate care both during the programming and after care.

Member of the Public - David Kapner

While they focus on people who are eligible for VA services, they also help coordinate things that are sort of beyond our pay grade, mostly post-traumatic stress disorder and traumatic brain injury, which is something that most legal practitioners

Member of the Public - David Kapner

don't know that much about.

Member of the Public - David Kapner

So they can be very informative as that.

Member of the Public - David Kapner

Also, I'll make this the last point.

Member of the Public - David Kapner

As part of their military training, veterans are used to dealing with a highly structured environment, and that gives them

Member of the Public - David Kapner

a much higher chance of graduating the program because the programs are structured.

Member of the Public - David Kapner

And that's something, by benefit of having been a veteran, that they can get the most out of.

Member of the Public - David Kapner

I really believe in Veterans Court.

Member of the Public - David Kapner

I think it needs to be funded.

Member of the Public - David Kapner

One of my, the complaint I'll leave you with is that the spots are limited.

Member of the Public - David Kapner

And it's not limited by desire on my part, the DA's part, or the court's part.

Member of the Public - David Kapner

It's the programming.

Member of the Public - David Kapner

These programmings have just so many beds, and they're in high demand.

Member of the Public - David Kapner

The people who get involved with Veterans Court are people who would otherwise go to jail.

Member of the Public - David Kapner

So people who are with criminal justice involved but not really facing jail time really don't get the opportunity to participate in veterans court.

Member of the Public - David Kapner

So there's not a misdemeanor veterans court.

Member of the Public - David Kapner

I wish there was.

Member of the Public - David Kapner

Also, as you may be aware, people who suffer from post-traumatic stress disorder, the crimes that they become involved with,

Member of the Public - David Kapner

often have a violent component.

Member of the Public - David Kapner

They possess firearms.

Member of the Public - David Kapner

They are involved in domestic violence, often while drunk or on drugs.

Member of the Public - David Kapner

They fight with police officers when being arrested on minor things.

Member of the Public - David Kapner

And many of these things can exclude them from Veterans Court by the nature of the charge.

Member of the Public - David Kapner

In Manhattan, Judge Mershon

Member of the Public - David Kapner

And the DA's office understands that to a point.

Member of the Public - David Kapner

So they will consider people who have committed crimes that might otherwise disqualify them, but it's a heavy lift.

Member of the Public - David Kapner

But I compliment them because they will hear me on that.

Member of the Public - David Kapner

So I wish that the program was expanded.

Member of the Public - David Kapner

Not just in its bandwidth, but the number of spots available.

Member of the Public - David Kapner

And I'd be happy to answer any questions that you may have.