PRESS RELEASE #30
Beery to File Formal Complaints with Georgia State Bar Association
Staff Writer – Rick Townsend
02/19/05
Vietnam combat disabled veteran and veteran’s rights activist Jere Beery of Jefferson Ohio is communicating with the Consumer Affairs Program (CAP), of the Georgia State Bar Association. Beery is in the process of filing formal complaints against Georgia Superior Court Judge Alan Keeble of LaGrange Georgia, and attorney at law Jack Nebl of Eatonton Georgia. According to Jere Beery, in late February of 2004, Judge Alan Keeble violated federal laws when he ordered him to pay $24,000 in alimony directly from his VA disability compensation. A review of Beery’s final divorce decree seems to support this claim, as Beery’s VA disability compensation is mentioned as his only source of livelihood from which he could pay alimony, http://www.firebase.net/Beery%20Court%20Order.htm.
In April of 2004, well-known Atlanta talk radio personalities, Kim Peterson and Wayne Kitchens broadcast an urgent plea for legal assistance for Jere Beery during an airing of the Kim Peterson Show on WGST, www.wgst.com. Peterson, (aka: The Kimmer) and Kitchens are veterans of U.S. military service and had been monitoring the Beery divorce case in Coweta County. Both men were very concerned something wasn’t right. Jere Beery of Newnan Georgia had claimed his VA disability compensation was used in his divorce as an asset and partly awarded to his ex-wife in the form of alimony. Peterson and Kitchens felt compelled to assist, and in addition to donating valuable air-time to the Beery story, the two broadcasters devoted an entire area on their web site to Beery’s crusade to protect his veteran’s benefits, www.kimmershow.com. Attorney at Law and Vietnam veteran, John Nebl heard the Peterson broadcast on his car radio and answered their request for help. Nebl took Jere Beery’s case Pro Bono, and with only 48 hours left in Beery’s time to appeal his divorce ruling, Nebl and his lead investigator, Rick Plymale personally filed a Motion for Reconsideration in Coweta County Georgia on Mr. Beery’s behalf.
On December 7th, 2004, a hearing was apparently conducted in Coweta County Georgia and Beery’s motion was dismissed because his attorney did not appear, nor contact the court. Beery states he never received any notification of the hearing date from the Coweta County Court or Nebl’s office. “The only option left to me is to file a formal complaint with the State Bar Association against Nebl and Keeble,” stated Beery. “Jack Nebl not only made it possible for Judge Keeble to avoid responsibility for his illegal ruling, but because of Nebl’s negligence I have lost my appeal rights all together,” Beery added. Beery has still not received any communication from Nebl’s office or Coweta County Superior Court concerning the status of his case. “I have called repeatedly asking for information from Jack Nebl with no reply,” Beery stated.
Two weeks ago during another broadcast of the Kimmer Show, Peterson voiced deep concern over Beery’s dismissal. During the broadcast Peterson invited attorney Nebl to call in to his program and explain what happened. “We need to know if Jack Nebl knew about this, or if he deliberately sandbagged Jere Beery,” Peterson said. “If he used me to sandbag Jere, that’s a major problem and we’re not going to let go. Something stinks,” Peterson said on the air. As of this postdate, Nebl has not called Peterson or Kitchens. WayneKitchens@ClearChannel.com
The two popular Atlanta broadcasters are not alone, as many veterans and supporters have been following Beery’s attempt to protect his veteran’s benefits from third party awards and have voiced outrage over these new developments.
Former Maricopa County Arizona Sheriff and fellow Vietnam veteran Richard Godbehere expressed disbelief over the Beery dismissal. “The issue Beery was raising was far bigger than just his divorce. If Jere’s disability benefits are not protected from this kind of attack, all veterans are vulnerable. One can only conclude that veteran’s benefits are not protected as federal law dictates,” Godbehere stated. gsd.hawaii@verizon.net
Vietnam veteran Billy Fussnecker of Loveland Ohio sent a fax to Nebl’s office last week. “I served with Jere Beery 38 years ago in Vietnam. I totally support his efforts to protect our troop’s benefits. I gave Mr. Nebl a good piece of my mind,” Fussnecker stated. fussneckerbj@aol.com
Retired Navy veteran Don Holland of Orlando Florida also called and faxed a comment to Nebl’s office. “Mr. Nebl has done a great disservice to our veterans by dropping Beery’s case without notice. Many veterans were watching this story with great interest. Mr. Nebl has hurt all of us,” Holland said. donholland1@yahoo.com
Vietnam combat disabled veteran Dale Van Luven is in a similar situation in Tennessee and recently served 30 days in jail for contempt and failure to pay alimony. “These judges and lawyers need to be in jail, not the veterans that refuse to violate federal law,” Van Luven stated. Vietna467@aol.com
Desert Storm veteran James North, USMC Retired of Harrison Township Michigan said he knows firsthand what Beery and other disabled veterans are going through. “The veterans of this country better take notice of what lawyers and judges are doing to veteran’s benefits,” North said. gymgemjim@comcast.net
Fellow Vietnam veteran Dave Otto of Jefferson Ohio has voiced dismay over Nebl’s apparent negligence. “Mr. Nebl’s lack of action seems to endorse and justify Judge Keeble's original 2004 ruling, as the judge’s questionable court order will go unchallenged,” Otto stated. “This could affect other disabled veterans appearing in Keeble’s court in the future,” Otto added. vetnam68@aol.com
Some within the veterans’ community have speculated there may have been outside pressure placed on Nebl to drop the Beery case. “If this is so, that could equate to conspiracy to defraud the government, as there are federal laws involved,” Beery suggested.
Jere Beery’s case is now dead and he has lost all legal avenues to pursue a reversal of his alimony settlement. “I guess I am now an outlaw in the great state of Georgia, because I will never pay Keeble’s court order,” Beery stated. “To do otherwise would require me to violate USC, Title 38, §5301(a), and betray my fellow veterans,” Beery said.
Jere Beery has signed a statement releasing Jack Nebl from all attorney / client privilege protection concerning Mr. Beery’s personal case. According to Beery, Mr. Nebl is free to comment on any aspect of his case without fear of legal retaliation for such a breach. Nebl’s office has yet to release a statement. “I don’t want people to think I dropped the ball. I did everything I could possibly do to protect earned veteran’s benefits. It’s now someone else’s turn to try, Beery concluded.
Jack Nebl could not be reached for comment.
Attorney at Law
John “Jack” Nebl
1097 Lake Oconee Pkwy.
Suite 202-B
Eatonton, GA 31024
Office (706) 485-3344
Fax (706) 923-0029
Cell (706) 473-7640
For the entire story visit WWW.JEREBEERY.COM
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