Vet Wants Iraq Duty to Count Toward Jail Term

Nobody would argue military service in Iraq isn't real work.

But should it count as work for purposes of fulfilling a court sentence?

That's the question a Clark County Superior Court judge will answer this week.

A prosecutor and supporters of the victim say military service shouldn't count, and the soldier, a convicted sex offender, should have to serve the remainder of his sentence. A defense attorney asked last week for leniency.

At issue is 348 days.

In May 2007, Judge Roger Bennett gave Earl D. Werner a 365-day sentence after Werner pleaded guilty to communicating with a minor for immoral purposes and furnishing the minor, a 15-year-old girl, with alcohol. Both are gross misdemeanors.

Bennett said Werner could serve the term on work release -- a program that lets convicts keep working but makes them spend nights and nonworking hours at the county's work release facility -- if he qualified.

The judge added that Werner, a reservist with the Oregon National Guard who'd already served one tour, could also be released if he was redeployed so long as he reported back to court after his tour.

Werner's sergeant had told Bennett that Werner could still serve despite his conviction and that Werner had invaluable experience.

But Werner, 37, didn't qualify for work release. His civilian job of driving dump trucks was rejected because he couldn't be adequately supervised. He spent 17 days in the Clark County Jail before he was released to military service, according to court records. He spent another six months in Iraq.

The infantryman returned from Iraq to Fort Lewis in late April and was released from duty May 2.

On June 13, Senior Deputy Prosecutor Kim Farr asked Bennett to impose the remainder of Werner's sentence.

A supporter of the victim said at the hearing that Werner should not be given special consideration.

"Mr. Werner committed this crime as a civilian and needs to pay his debt to society," he said.

Defense attorney Jon McMullen argued otherwise.

"He went over and served the country proudly and did an outstanding job," McMullen said. "I know he made a horrible mistake to get here in the first place, but the idea was that (going to war) is its own punishment. It's an honor (serving)," he quickly added, "but also a brutal reality."

McMullen said Werner will resume driving dump trucks, so if Bennett orders him to finish the 348-day term it will likely mean serving it in jail since he won't qualify for work release.

Bennett said he wanted to review earlier court proceedings and would issue his decision by the end of this week.