PRESS RELEASE #18
Van Luven Transferred to CWC, Beery Plans Trip to Nashville
By Staff Writer: Rick Townsend
11/08/04
Vietnam combat disabled veteran Dale Van Luven is scheduled to be transferred this evening from the Criminal Justice Center (CJC), to the Correctional Work Center (CWC) in Davidson County, Tennessee. On November 3rd, Circuit Court Judge Muriel Robinson sentenced Van Luven to 30 days in jail on 12 counts of contempt for nonpayment of alimony. During 2003, Van Luven served 180 days for related offenses.
Van Luven has refused to pay the court ordered alimony, claiming the amount was factored mostly on his VA disability compensation and therefore in violation of Federal laws created to protect such veteran’s benefits from attachment of any kind.
U.S. Code, Title 38, section 5301(a) does support Van Luven’s position and reads in part; “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”. A search of Title 38 reveals no exceptions for awarding alimony.
Jere Beery is another Vietnam combat disabled veteran with a similar story to tell. In March of this year, Beery, then living in Georgia, was ordered to pay $24,000 of his VA disability compensation for alimony. That same month, long time veteran’s rights advocates Van Luven and Beery launched a nationwide campaign to expose this unjust practice by state judges. “We have heard from a number of veterans across the U.S. who have fallen victim to similar rulings. It would be an understatement to say the military and veteran community is extremely upset by this matter,” Beery said. The story of these two wounded warrior’s dilemma has appeared world wide over the internet and a large number of veterans and supporters have voiced outrage over this apparent violation of veteran’s benefits by state judges.
To complicate the situation, Van Luven suffers from a number of service connected ailments and has complained since being jailed he is being denied prescribed medications to treat his many conditions. Today, for the first time since his arrest, Van Luven was seen by the jail nurse and is now receiving some, but not all of his medications.
While serving with the Army in Vietnam Van Luven received a serious head wound when the bulldozer he was operating hit a land mine. In addition, Van Luven suffers from Post Traumatic Stress Disorder (PTSD), and requires medication to deal with and control emotional and physical instability. Van Luven also takes medications for seizures. In a phone conversation from the jail to his step-daughter Terri Henderson, Van Luven said, “The officers here at the jail stated since my medicines are considered controlled substances, I could not have them until I saw the nurse.” Apparently, since all of Van Luven’s medications require a prescription, they are all considered controlled substances. “In all fairness to the Davidson County authorities, there are required procedures involved before any drugs are allowed into the jail population. And it is understandable that a jail is not in the business of providing medical care, or filling prescriptions. However, the question remains, how long would Van Luven have gone without his medications - if a number of concerned supporters hadn’t called and faxed in complains,” Beery questioned.
Dale Van Luven has also filed a formal complaint against one of the officers at the jail. According to Van Luven, one officer physically attacked him after he (Van Luven) failed to respond to an order fast enough. Unconfirmed reports indicate that the officer has been suspended without pay until an investigation can be conducted.
Concerned about Van Luven’s well-being, Jere Beery plans to travel to Nashville some time this week. “It is extremely difficult to know exactly what is going on down there without a firsthand survey. I plan to drive down to see Dale and find out precisely what his condition and situation is,” Beery stated.
In July of this year, Van Luven retained Nashville attorney at law, Charles Galbreath to represent him in this matter. In a brief telephone conversation between Galbreath and Beery last Thursday, Mr. Galbreath wrote down Mr. Beery’s phone number and told him one of his associates would call him back with details of Van Luven’s arrest. So far, Beery has received no return call from Galbreath’s office. “Quite frankly, I am not totally convinced Dale’s attorney understands the magnitude or scope of the real problem here,” Beery suggested. “If the judge wrongfully equated Van Luven’s alimony payments by factoring in his federally protected VA disability compensation, all previous rulings should be null and void, his case revisited and his alimony payments ( if any) recalculated. Anything short of that, would not be justice served,” Beery stated.
In another development, fellow Vietnam veteran Colonel James Bo Gritz, U.S. Army Special Forces (Ret), has written and faxed a letter of concern to Judge Muriel Robinson. Col. Gritz, who also suffers from combat induced PTSD wrote, “It is cruel punishment to deny Dale the medication required to balance his life.” Col. Gritz went on to write, “I pray you will allow Dale his VA medication in jail, or release him. I pray you will find a way to abide by Title 38 in judging Dale's obligation to pay alimony.” Col. Gritz also has addressed Van Luven’s situation on his radio program, “Freedom Call”, which airs twice a day during the week on the American Voice Radio Network and can be picked up online at www.radio.theamericanvoice.com
Both Van Luven and Beery have vowed to see their fight through to its ultimate conclusion and are gaining world wide support for their efforts daily. “Dale and I are committed to the total protection of veteran’s disability compensation for not only our veterans, but for our troops in harm’s way at this very moment. I am certain, in the long run, we will win this battle. However, right now, I’m very concerned for Dale’s health and well-being”, Beery concluded.
Visiting days at the CWC are Monday through Friday, starting at 8 am. To schedule visitation, call (615) 880-3860.
For the full story and contact information, visit – WWW.JEREBEERY.COM
Dale Van Luven family - Vietna467@aol.com
Jere Beery - jerebeery@aol.com Colonel Bo Gritz - bogritz@msn.com
Click Here For "VAN LUVEN Defense Fund" Information
Click here for contact information for
Attorney at Law - CHARLES GALBREATH,
Criminal Investigator - RICK PLYMALE
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY