PRESS RELEASE #29
Beery Case Sabotaged in Georgia, Veterans Nationwide Angered
By Staff Writer: Rick Townsend
02/03/05
Recent developments in Jere Beery’s divorce alimony case paint a very ugly picture of Georgia Justice. It’s become apparent; someone in Georgia wanted the Beery case to just “disappear”.
John “Jack” Nebl, from Eatonton Georgia was Jere Beery’s attorney of record in Georgia. Nebl publicly announced he would take Beery’s case free of charge (Pro Bono) in April of 2004. Nebl, together with his Paralegal, Rick Plymale personally traveled to Coweta County Courthouse and filed a motion for reconsideration on behalf of Beery who currently resides in Ohio.
Beery was contesting a court ruling in which his VA disability compensation was used as his ONLY asset/income to determine his ability to pay alimony in a very nasty divorce case in Coweta County Georgia in 2004.
On December 7th, 2004, a hearing was quietly conducted in Coweta County Georgia and Beery’s case was dismissed because his attorney did not appear. Beery states he never received any notification of the hearing date from the Coweta County Court or Nebl’s office. “This is one of the oldest tricks in the book,” states Beery. “These attorneys and judges know how to slither out from under responsibility for their actions and questionable rulings. I still haven’t received any court papers from anyone,” he added.
Beery said he sensed something wasn’t quite right in November when he learned Nebl had fired his lead investigator, Rick Plymale. “At that time, Rick tried to warn me I was being setup for a fall. But, I just thought he might be upset because he and Nebl had a parting of their ways,” Beery stated.
Beery claims, after weeks and months of unreturned phone calls to Nebl, he finally called the Coweta County Court Clerk’s office. “I was told a hearing on my case was held on December 7, 2004 in front of Judge Lee and dismissed because my attorney failed to appear or contact the court. I was then advised that regardless of whether I was personally notified, my attorney was. I have been trying to get a response from Nebl since late November without success. I can only draw one conclusion from Nebl’s negligence,” Beery stated.
Fellow combat Vietnam veteran Dave Otto of Jefferson Ohio is a service buddy of Jere Beery’s and has been closely watching his case from its beginning in late 2003. “Jere Beery has been on top of this issue from day one. There is no way he would have deliberately missed a court date. Jere rents a room in my house where he has been living for over a year, and he never received notice of this court hearing,” Otto stated.
Beery’s former Vietnam patrol officer Dick Godbehere of Kapaa Hawaii voiced dismay over the Beery dismissal. “Jere Beery has invested many months of research and work on this issue and I personally am very upset over these developments,” Godbehere stated. “This is a very sad an unjust way for Jere’s case to end up. Jere Beery has been wrongly denied his day in court and someone needs to be held responsible,” Godbehere added.
Fellow Navy veteran and veteran’s rights advocate Don Holland of Orlando Florida stated his discontent as well. “All veterans have been sold out by this backwoods justice. The judicial system in Georgia seems to ignore the Federal laws in place that protect veteran’s benefits. I don’t know if Mr. Nebl is aware of it or not, but he has let us all down,” Holland said.
Jere Beery is back to square one. He has no attorney and is financially unable to launch a legal challenge to his dilemma. “I don’t even have a car that runs right now, much less the ability to retain an attorney. If I don’t get some assistance in this battle to protect my veteran’s benefits, all Veterans will lose in the long run,” Beery claimed.
Arthur M. Bernklau of Veterans for Constitutional Law, LTD in New York agrees and has been following the Beery case. “Jere Beery has been fighting for veterans rights for many years now. It’s time the veterans fought to help Jere Beery. I think Mr. Nebl has some explaining to do to all of us,” Bernklau stated in a recent phone interview.
Jere Beery has terminated Nebl’s representation and requested the return of items and documents related to his divorce case. “It would not surprise me if these things simply disappeared as well,” Beery said.
When told of his buddy’s recent legal problems in Georgia, Dale Van Luven tried to put a humorous slant on the matter. “Sounds like a rerun of a very bad Dukes of Hazzard episode if you ask me. Kind of like Boss Hogg justice at its finest!” Sometimes a little humor helps us through some sad times. My brother Jere is dead serious about going to jail over this. I know, been there, done that,” Van Luven remarked. In November of 2004 Jere Beery traveled 600 miles to hand-deliver much needed prescribed medicine to the Tennessee jail Dale Van Luven was incarcerated in. “You better believe I will be there if Jere goes to jail,” Van Luven added.
The initial response from the grassroots veteran community has been one of overwhelming outrage over the Beery dismissal and miscarriage of justice. Many people were interested in the bigger picture of veteran’s benefits protection Beery was addressing with his case. Beery is convinced local politics played a big part in this latest attempt to derail his efforts to protect veteran’s benefits. “We have exposed a way state court judges are accessing veteran’s benefits and some individuals in Georgia are very embarrassed. Many wanted to silence my case,” Beery concluded.
Some supporters have requested contact information for John “Jack” Nebl.
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
Jere Beery is currently in need of an attorney to protect his veteran’s benefits and pursue justice in Georgia. Dale Van Luven is in a similar situation in Tennessee.
For the entire story, visit – WWW.JEREBEERY.COM
Jere Beery - jerebeery@aol.com
Dave Otto – vetnam68@aol.com
Dale Van Luven firebasetn@aol.com
Dick Godbehere gsd.hawaii@verizon.nett
Don Holland - donholland1@yahoo.com
Arthur M. Bernklau – (631) 474 4261
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