For Immediate Release 80
September 5, 2010
Minnesota
Disabled Veteran Released from Jail
Joseph Dzuibak (pronounced: D-back) of Albert Lea Minnesota was released from
jail this past Thursday after serving 10 days in the Freeborn County Jail.
Dziubak is an honorably discharged disabled veteran who needs a wheelchair to
get around. Dzuibak was serving a 10 day sentence for contempt of court. The
contempt charges stem from Dzuibak’s refusal to use his VA disability
compensation to pay court ordered alimony to his ex-spouse.
Disabled
veteran Joseph Dziubak (front left), Son, Danny Dziubak (back left), OFFE
National Chairman, Gene D. Simes (right).
Dzuibak was arrested previously in May of this year for the very same offense.
However, at that time, within 48 hours of being jailed Dzuibak was released.
According to officials at the jail health and liability concerns were raised by
the jail nurse, and a request was submitted to the judge to have Dzuibak
released with an ankle bracelet. In addition to the health issues, numerous
phone calls from supporters and members of
Operation Firing For Effect,
a New York state based veteran’s advocacy group, were instrumental in getting
Dzuibak released and sent home to serve out his 30 days. Apparently, this time
Joseph’s poor health was not of great concern to the judge and Dziubak was
thrown in jail for 10 days. The following video is TV6 News coverage of
Dzuibak’s arrest and release the first time.
[Video Note:]
KAAL, TV6 News (May 25, 2010),
Albert Lea,
Minnesota, Disabled Veteran Joseph Dziubak Goes to Jail.
http://www.youtube.com/watch?v=5QUqoJfyATg
This time because of his fragile health Mr. Joseph Dzuibak was held in a holding
area away from the general population under constant observation by guards. This
is nominally the location in the jail where they keep inmates on suicide watch.
Joseph had no TV or radio, no magazines or books, no playing cards or crossword
puzzles, or anyone to communicate with. The lights are kept on 24 hours a day
and Dzuibak spent those hours a day staring at the four walls of the cell. The
jail administrator claims Dziubak was not being held in isolation, but I will
let you be the judge of that.
On
day 4 of Dziubak’s incarceration Joseph fell hitting his head and shoulder on
the concrete floor. It took 3 deputies to get Dziubak up and back into his
wheelchair. Twenty four hours later the jail nurse came to Joseph’s cell to
check him out. When OFFE National Chairman Gene Simes called the jail to inquire
about Dziubak’s fall he was told by the jail administrator that Dziubak never
fell and there was no incident report on any such accident. The next day, after
Simes had placed numerous phone calls to Minnesota officials, an incident report
magically materialized verifying that Dziubak had indeed fallen. In addition, a
deputy sympathetic to Dziubak’s situation confided in him that there was also a
video recording of his fall. Apparently, video cameras within the jail run 24
hours a day every day of the year, and the video system is configured so that it
can not be erased.
Gene Simes and the OFFE Team are very concerned about Dziubak’s welfare and
health if he is indeed ordered back to jail for 90 days. Several deputies at the
jail, who are also veterans, have expressed off the record that they feel
Dzuibak is getting a raw deal and shouldn’t even be in jail. But, they also say
have a job to do and cannot allow their personal feelings affect their job. They
must abide by the judge’s orders. The deputy’s names are being withheld to
protect their jobs.
Joseph Dzuibak has committed no crime. Yet, he was incarcerated like the most
hardened criminal. If Dzuibak still refuses to honor the court order, he will go
back to jail for 90 days next time. There really is no limit to how long the
judge can keep Dzuibak locked up. The danger to Dzuibak is very real; he could
suffer another stroke or heart attack or worse. Joseph Dziubak is literally
risking his life by standing up for the federal protection of not only his VA
disability compensation, but also for the protection of benefits awarded to
every man and woman injured in the line of duty while serving in the U.S.
military, past, present, and future. The full impact of this issue has yet to be
realized.
Dzuibak is among a growing number of disabled veterans choosing to face jail in
protest for having their VA disability compensation calculated as ‘income’ and
divided with an ex-spouse. The Dziubak’s have no minor children, and Joseph
lives solely on his VA disability and Social Security Disability, he has no
other assets. Like most veterans, Joseph Dzuibak was taught that veteran’s
benefits are meant for the individual wounded or injured and no one else. Joseph
believes his veteran’s benefits are not attachable by any legal means, this
includes divorce court rulings. According to USC, Title 38, 5301, Joseph is very
correct. This particular Federal law reads as follows;
“payments of benefits due or to become due under any law administered by the
Secretary shall not be assignable except to the extent specifically authorized
by law, and such payments made to, or on account of, a beneficiary shall be
exempt from taxation, shall be exempt from the claim of creditors, and shall not
be liable to attachment, levy, or seizure by or under any legal or equitable
process whatever, either before or after receipt by the beneficiary”.
Sadly, most civil courts do not recognize this Federal law and divorce court
judges across the country routinely strip veterans of their earned benefits and
award them to an ex-spouse in a divorce settlement. In addition, the majority of
attorneys will not attempt to protect veteran’s benefits in a divorce, and they
refuse to take these cases.
[Video Note:]
KWQC TV6 (April 2009) News broadcast features members of Operation Firing For
Effect, the Veteran’s Advocacy Group. This video provides a thumbnail sketch of
the OFFE organization and the 5301 issue in
Iowa.
OFFE is requesting support for Dziubak and this issue from all Minnesota
veterans. We need boots on the ground and individuals willing to take up the
cause and become activist for the total protection of veteran’s disability
benefits. We invite all Minnesota veteran service organizations to join the
nationwide movement to protect veteran’s disability compensation from 3rd
party awards in civil courts. OFFE has located an attorney for Dziubak, but the
issue is far bigger than just one veteran. We can win this one if we unite and
voice our objections as one. The time to stand up and be counted is now! We are
asking everyone to bombard the office of Governor Tim Pawlenty with phone calls
of support for Joseph Dziubak, (651) 296-3391.
‘AREA 5301’
is a web page created by
Operation
Firing For Effect
devoted exclusively to the 5301 issue.
Operation
Firing For Effect
is currently the only national organization addressing this issue.
http://jerebeery.com/AREA%205301.htm
[Video Note:]
WIBW TV13 News (August 2010) broadcast is the latest coverage of this issue.
http://www.youtube.com/watch?v=IyANu07a0u4
Jere Beery, OFFE National Public Relations Director,
jerebeery@aol.com