PRESS RELEASE #11
Judge Keeble Orders Continuance Of Beery Case
By Staff Writer: Rick Townsend
06/17/04
In a totally unexpected move, State Superior Court Judge Alan Keeble ordered a Continuance of Jere Beery’s Motion for a new Hearing in his divorce case. The Judge has not specifically set a date certain for the continuance.
Vietnam combat disabled veteran, Jere Beery drove 700 miles from Ohio to Newnan, Georgia to appear in court on the 10th of this month just to have his case delayed.
Beery’s attorney, Jack Nebl, and Beery’s ex-wife’s attorney met in the Judge’s chambers to discuss how to proceed in this case. “The Judge indicated he needed more time to study the Federal Statute involved here. He also ordered attorneys for the two parties to negotiate a settlement”, Nebl stated.
Beery has publicly challenged Judge Keeble’s final divorce decree which states he must pay his ex-wife $24,000.00 in alimony. In the Court Order it was concluded that Beery’s only means to pay this alimony was from his VA disability compensation. According to Federal law, U.S. Codes, Title 38 and Title 42, this is a violation of Beery’s federally protected veteran’s benefits.
Dave Otto, another combat wounded Vietnam veteran and close friend of Beery’s said, “Let me get this right, the Judge needs time to study the law? Sounds like he is unsure of his own ruling if you ask me.”
In March of this year Beery published public accusations that Judge Keeble was in violation of Federal Law. In a “Declaration of Contempt” authored by Beery, he vowed to stop Judge Keeble from ever doing this to another disabled veteran. Since that time, Beery has been contacted by several other veterans nationwide complaining of similar rulings by state judges.
Two such disabled veterans attended the Beery hearing. Gulf War
veteran James North and his wife flew all the way from
Michigan to support Beery’s position
in this matter. Vietnam veteran
Rick Thiel drove up from Tampa Florida to be there. Both men feel their
individual divorce cases suffer from the same illegal rulings. “It is our hopes
that the outcome of Mr. Beery’s case will help or affect our cases,” North said.
“Right now, VA disability compensation is not being protected as required by
Federal law,” Thiel added.
Also in March 2004, Beery teamed up with another combat disabled Vietnam veteran, Dale Van Luven of Tennessee. Together, Beery and Van Luven have launched a nationwide campaign to expose this attack on veteran’s benefits. Van Luven is facing jail now for nonpayment. “My ex-wife outright lied in her financial statement to the court. She is extremely wealthy and able to work. I have obtained records which prove she has over two million dollars in assets, yet I can’t afford an attorney to pursue my case,” Van Luven claimed.
Rick Plymale, lead investigator on the Beery case said, “I can only address Mr. Beery’s situation. Every case is different. Some are more complicated than others. However, in the Beery case, the infraction is very clear. Beery has no assets or other income from which to pay alimony. Beery has only his VA disability compensation. There is no military retirement waiver and there are no minor children to be considered. Hopefully we can use the Beery case to educate other State Judges across the country about the Federal Laws which are intended to protect VA disability compensation and insure that this never happens again,” Plymale added.
Beery sees things a little differently; “I think Judge Keeble knows he is in the wrong. In an effort to resolve this matter and avoid making another ruling, he has ordered my ex-wife and I to negotiate a settlement. This would get him off the hook. He realizes if he overturns his original ruling, he is admitting he was wrong in the first place. If he upholds his original ruling he will be in violation of Federal law yet again. So, he would like nothing better than to see my ex-wife and I settle this issue between ourselves, and thereby making it a purely personal issue” Beery stated.
Jack Nebl, Beery’s attorney added, “If we reject any settlement, and force the Judge to rule, we may have to appeal his decision to the Georgia Supreme Court. This will cost money and time that we don’t have the luxury of providing right now. A defense fund would have to be established in order for us to proceed to the Georgia Supreme Court. If we cannot fund the Appeal, the issue will die and other disabled veterans will suffer the same fate in the future,” Nebl said. “Because the Department of Veterans Affairs and all of the National Veteran Service Organizations have refused to get involved, we have to proceed on our own at this point,” Nebl added.
Beery and his legal team are currently planning their next step. Beery has pledged to proceed in a manner that will benefit all disabled veterans. “I will not accept a self-serving settlement in this case. The issue is far bigger than just me,” Beery concluded.
Jere Beery jerebeery@aol.com
Dale Van Luven Vietna467@aol.com
Jack Nebl & Rick Plymale lawdog@mfire.com
James North gymgemjim@comcast.net
Rick Thiel rthiel@tampabay.rr.com
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY