PRESS RELEASE #8
Beery extends invitation to supporters, Van Luven prepares for jail
By Staff Writer: Rick Townsend
4/27/04
In a very bold move this week, Vietnam combat disabled veteran, Jere beery announced he was inviting all interested parties to attend his upcoming Appeal Hearing on June 10th of this year in Newnan, Georgia. “I have heard from many people across the country concerning this issue,” Beery stated. “So, I’m inviting anyone who wants to attend, to please come. We have a prime opportunity here to visibly show support for the protection of our troop’s benefits,” he added.
Beery’s Appeal Hearing, scheduled for 9 am, will be presided over by Superior Court Judge, Alan Keeble, the same Judge that ordered Beery to pay his ex-wife $24,000 from his VA disability compensation. “According to U.S. Code, Title 38, 5301(a), VA disability compensation is totally protected from any consideration in any civil legal procedure”, Beery said. “How Judge Keeble rules on this matter could reflect directly on his judicial career. If he upholds his previous ruling, he will be skirting the protection issues of Federal law yet again. However, if he overturns his own prior decision, he will be admitting that he misapplied the Federal law and he'd be honorably correcting a judicial error. Judges very seldom overturn their own ruling,” Beery added.
Dale Van Luven, of Hermitage, Tennessee, another Vietnam combat disabled veteran, is awaiting arrest for not giving up his VA disability compensation and Social Security disability for alimony. “Beery and I have heard from disabled veterans in Kentucky, Michigan, Texas, South Dakota, California and several other states where state judges are vicariously awarding VA disability compensation to able-bodied, non-veteran ex-wives”, Van Luven said. “It’s just a matter of hours before I’m arrested for just this reason”, Van Luven added.
Both Beery and Van Luven are working around the clock to create a swell of support nationwide for the future security and protection of our veteran’s and troop’s benefits. “After the Presidential Elections in November will not be the time to bring this up. We have to act now if we are to put “protection of VA benefits” on the lips of our Presidential candidates”, Beery stated.
If history is an indicator, sadly, very few Americans attend rallies in support of our troops and veterans. “In the past, more people have shown an active interest in the ethical treatment of animals, than the ethical treatment of our veterans,” Van Luven said. Beery agreed, “If everyone that boasts they support our troops showed up in Newnan on June 10th, we would get some national attention for this issue.” Beery and Van Luven remain optimistic that many concerned Americans will turn out to support their cause.
Rick Plymale, paralegal to criminal defense attorney Jack Nebl, and lead investigator on the Beery case said, “Beery can invite anyone he wishes to his Hearing. In fact, Beery is correct in his assumption that the only way to get national attention to this issue, is to involve the nation in the process”, Plymale added.
Plymale, in an effort to assist Beery in reaching Veteran's groups, took time from his busy schedule to contact the American Legion National Headquarters. Mr. Philip R. Wilkerson, American Legion, Department Manager for Operations and Training said, “The American Legion does not normally become involved in civil legal matters”.
Stunned at this response, Plymale commented "It seems that many of these so-called Veteran's assistance organizations have quickly become no more than para-political, chest-thumping, hollow vessels whose purpose is rapidly becoming self-serving. I may just mail in my membership card."
Once Beery and Van Luven can see their way clear of their civil cases, they plan to setup a defense fund to take the issue to the Supreme Court if necessary. “If there are loopholes that allow state judges to rape veteran’s benefits, Beery and I are going to close them,” Van Luven concluded.
Efforts continue to find Van Luven legal representation in Tennessee.
Jere Beery jerebeery@aol.com
Dale Van Luven Vietna467@aol.com
Jack Nebl & Rick Plymale lawdog@mfire.com
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY