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Q&A

Morano and Caban Q&A with Kapner: misdemeanor veterans falling through cracks

New York City Council · Sep 18, 2026 · starts 2:36:04 · 2 min 38 sec

Morano and Caban discuss with Kapner the gap for misdemeanor-level veteran cases, where defendants get time-served offers without any conversation about services or housing. Kapner confirms there is no veteran-specific programming for misdemeanor cases and that without significant consequences, attorneys avoid mandating treatment that could lead to failure.

Frank Morano

Yeah, the one last thing that I want to ask you about goes, and I asked the administration about it too, is the

Frank Morano

The Veterans Court doesn't account for what we would call just like the frequent flyer, like the person that comes in a lot on low-level misdemeanors, on violations,

Frank Morano

our veterans, and fundamentally the problem is homelessness and access.

Frank Morano

We're completely failing them.

Member of the Public - David Kapner

Yeah, we have programming in place recently through cases and other organizations to treat people.

Frank Morano

But for cases, you're usually mandating two or three sessions, and it's not like you're getting this person housing or where, you know.

Member of the Public - David Kapner

There is no veteran-specific programming.

Member of the Public - David Kapner

They will be more than happy to connect you to the extent they can.

Member of the Public - David Kapner

If they become aware that you're a veteran, but it's not like you show up and it's like, oh, you're a veteran.

Frank Morano

Yeah.

Member of the Public - David Kapner

We've got something for you over here.

Member of the Public - David Kapner

And I wish there was.

Frank Morano

But on those cases, you saw open arraignments and, you know, you get told, oh, the offer's a violation in time served, misdemeanor in time served.

Frank Morano

Ain't nobody having a conversation about anything else.

Frank Morano

That's right.

Frank Morano

Oh, I'm getting out right now?

Frank Morano

Okay, cool.

Frank Morano

See you later.

Frank Morano

That's right.

Member of the Public - David Kapner

I mean.

Member of the Public - David Kapner

With a court mandate comes the possibility of failure, and failure can have consequences.

Member of the Public - David Kapner

That is another problem.

Member of the Public - David Kapner

We seek to protect our clients from those consequences.

Member of the Public - David Kapner

But that's the thing.

Member of the Public - David Kapner

If you're facing enough consequences to go down the treatment road, that's what usually happens.

Member of the Public - David Kapner

But if you're not facing those consequences right now, we don't want to.

Member of the Public - David Kapner

Usher you into a spot you really don't want to be.

Frank Morano

But if only folks got the services or the stability they needed before the arrest.

Member of the Public - David Kapner

The people who are criminal justice involved because of drugs or mental health, there's lots of setbacks.

Member of the Public - David Kapner

It's not just getting them in the door.

Member of the Public - David Kapner

You have to, many, many times you go through treatment and at some point it will stick or something in your life changes and you become much more open to it.

Member of the Public - David Kapner

But it's, we don't want to set up our clients for failure.

Frank Morano

Totally.

Frank Morano

Totally.

Frank Morano

Thank you.

Frank Morano

Those are my questions.

Frank Morano

Well done, Mr.

Frank Morano

Kappner.

Frank Morano

I tell you, whatever's in the water at your workplace that produced both you and Councilmember Caban should be replicated across the five boroughs.

Frank Morano

I do hope many of my constituents will follow your lead in not judging elected officials too harshly.

Frank Morano

One point.

Frank Morano

Very informative and just such a great perspective on Veterans Court and everything that you spoke about.