Veteran Behind SJC's Valor Act Ruling in Court Next Week

BOSTON, MA -- After the state's highest court this week gave judges the discretion to decide how to dispose of cases under the Valor Act, Joel D. Morgan, an Army veteran whose case set the precedent, will learn his fate next week in his drunken- driving case.

In the wake of the state Supreme Judicial Court's decision on Tuesday, Morgan, 34, of Boston, appeared before Lowell District Court Judge Barbara Pearson on Thursday who scheduled his case for a disposition on Monday.

" The SJC has spoken,'' Pearson said.

After being stopped on Sept. 29, 2014 by State Police on Interstate-495 in Tewksbury, Morgan was charged with: operating under the influence of alcohol- second offense, possession of heroin, negligent operation of a motor vehicle, leaving the scene of property damage, breakdown lane violation and marked lanes violation.

With the SJC's decision, Morgan will likely have all or some of his charges either dismissed or continued without a finding for a period of time while he is on probation. If he has no further legal issues, his case will be dismissed.

Morgan, an Army veteran who served from 2002 to 2011, acknowledged his substance abuse issues due to post-traumatic stress disorder and physical injuries he received after serving three combat tours in Iraq and Afghanistan.While awaiting treatment, his twin brother, also a veteran, killed himself on Veterans Day of 2012. Morgan has tried several treatment programs, but relapsed.

After finding out that Morgan was a veteran, his attorney Elizabeth Hugetz sought to have the case dismissed under the Valor Act, as long as he successfully completed a diversion or rehab program. In the alternative, Hugetsz sought an admission to sufficient facts and have the case continued without a finding.

Prosecutors opposed both dispositions, contending that, under the drunken-driving statute, the judge could not order a continued without a finding on a second-offense drunken driving charge.

Under the 2012 Valor Act, judges are given discretion to decide which veterans can enter rehab or a diversion program before their trials. The charges against them would be dismissed if they complete the programs. But a veteran charged with a second offense drunken driving fell into gray legal territory.

The SJC wrote in Morgan case that the Valor Act permits a judge to dismiss a first or second drunken-driving offense even if prosecutors object. The legislature intended to give district court judges discretion in dealing with veterans, the SJC wrote.

The SJC noted that providing veterans with an " alternative disposition" is consistent with "a growing national recognition that the traditional processes of the criminal justice system fail to adequately support veterans suffering from substance abuse.''

Martin Healy, chief legal counsel for the Massachusetts Bar Association told the Boston Globe, this decision means "veterans get an opportunity to get their lives back on track. But they have to get themselves back on track within the bounds of the law.''

While some advocates against drunk driving question the SJC's decision, Healy told the Globe the SJC is "not opening the floodgates, but offering it in limited cases.''

Photo of Joel D. Morgan in Lowell District Court on Thursday by Lisa Redmond/lisa.redmond@patch.com.