PRESS RELEASE #34
Jere Beery Alleges Conspiracy and Cover-up in Georgia Superior Court
By Staff Writer: Rick Townsend
6/17/05
Combat disabled Vietnam veteran Jere Beery of Jefferson Ohio is convinced Georgia Superior Court Judge, Allen Keeble, Georgia attorney at law, John Nebl and attorney at law, Ike Hudson conspired to sabotage Beery’s legal rights and violated federal laws which protect veteran’s benefits.
In March of 2004, Jere Beery was ordered by Judge Allen Keeble to pay his ex-wife $24,000 in alimony from his only source of livelihood, his VA disability compensation. “My VA disability compensation was openly discussed in court by Judge Keeble and my ex-wife’s attorney, Ike Hudson, and determined to be my only source from which I could pay alimony,” Beery said. “My earned VA disability compensation should have never been referred to in court as “income” or an “asset” to support alimony payments,” Beery claimed. A review of Beery’s final divorce decree supports his contention. http://www.jerebeery.com/Beery Court Order1.htm
The problem is state judges wrongfully invoke statutes which allow access to military retirement pay to award ex-wives a veteran’s VA disability compensation. This is wrong and illegal. Since most veterans think the “Judge” is always right, they merely try to absorb the payments and go about their lives. Jere Beery, a well known veteran’s rights advocate and former DAV chapter commander and service officer went on to explain; “Military retirement pay/pension (not federally protected) is considered income by the IRS and is taxable. VA disability compensation (federally protected) is non-taxable, and is not considered income by the IRS. Retirement pay/pension is paid directly from the Department of Defense (DOD) and VA disability compensation is paid from the Department of Veterans Affairs (DVA). Since retirement pay/pension is considered income, it is subject to attachment/consideration by state courts in divorce settlements, especially when children are involved. What has happened is many disabled and retired veterans have been victimized by state courts nationwide who have illegally awarded a part of, or all of their protected VA disability compensation to their ex-wives. The number of affected disabled American veterans could be very high,” Beery stated.
At the time of his divorce hearing before Judge Keeble, Jere Beery was in Chapter 7 bankruptcy, was unemployed and had no financial or property assets whatsoever. During the total liquidation bankruptcy proceedings, Beery was advised by the court trustee, attorney at law, Gary Brown of Newnan Georgia that his VA disability compensation was federally protected and exempt from any consideration in his bankruptcy. A review of U.S. Code, Title 38, §5301(a) supports Mr. Brown’s statement. Jere Beery was declared to have a net worth of “Zero”. Mrs. Beery was not required to declare bankruptcy and retained all of the Beery’s joint household possessions, including items personally inherited by Mr. Beery from his family.
On June 6th of 2004, Jere Beery, represented by his attorney, John Nebl appeared before Judge Keeble on a motion for reconsideration and a new trial. Beery’s motion quoted U.S. Code, Title 38, §5301(a) and Title 42 as grounds for reconsideration of alimony payments. During the court session, Jack Nebl, and Beery’s ex-wife’s attorney, Ike Hudson met with Judge Keeble in chambers (behind closed doors) to discuss how to proceed in the Beery case. Mr. Beery was not invited to attend this meeting. According to Nebl, Judge Keeble ordered a continuance of Beery’s motion indicating he (Judge Keeble) needed more time to review the federal statues involved. Judge Keeble also instructed attorneys for both parties to negotiate a settlement on their own. In addition, Judge Keeble commented that he had not reached his decision based on Beery’s VA disability compensation, but on Beery’s ability to go out and get a job to pay alimony. “I hate to be so blunt about this, but Judge Allen Keeble is a liar. He never suggested I needed to go get a job to pay alimony,” Beery said. “I was disabled, unemployed and bankrupt. The truth of the matter is, Judge Keeble ordered me to pay alimony based on my VA disability compensation and now he is covering up the truth about what really happened during my divorce hearing,” Beery added.
Beery agrees his comments may appear harsh or abrasive to some, but he feels very strongly about protecting benefits earned by our men and women in uniform. “This is not all about me. This is about my buddies and what judges are doing to veteran’s benefits in divorce court. My wife was not wounded in combat in Vietnam. She does not deal with the pain and scars associated with combat related disabilities. We were not married when I was in the service and we have no children together. Under no circumstances will I give her one penny of my earned veteran’s benefits,” Beery stated.
On December 7th of last year, in a very disturbing development, Beery’s motion for a new trial was curiously “dismissed” because his attorney (John Nebl) did not appear, nor contact the court. Jere Beery claims he never received notice to appear in court from the court or his attorney. “I have spent nearly 18 months fighting this injustice, not only for me, but all of our veterans. If I had known Nebl wasn’t going to represent me in court, I would have appeared in person and represented myself,” Beery said.
Beery recently filed a formal complaint with the Georgia Bar Association and Mr. John (Jack) Nebl has been officially notified he is currently under investigation by the GBA, State Disciplinary Board. Mr. Nebl is facing possible disbarment.
Many interested persons within the U.S. veteran’s community have been following Beery’s efforts to protect his veteran’s benefits from consideration in divorce court. Dale Van Luven of Hermitage Tennessee is one of these veterans. “It is obvious to many of us that Judge Keeble wanted Beery’s appeal to just disappear. I find it more than suspicious that Beery’s attorney just dropped his case without notice. I personally suspect Judge Keeble may have pressured John Nebl to sabotage Beery’s efforts,” Van Luven stated.
Van Luven is not the only person to suggest a possible conspiracy in the Beery case. Don Holland of Orlando Florida feels much the same way about developments in Jere Beery’s legal battle. Holland is a retired Master Chief Petty Officer with 30 years of naval service. Holland is also a victim of similar divorce scenario in Florida. “These Judges and attorneys know exactly what they are doing. Third party awards of veteran’s benefits have become a “dirty little secret” in state divorce courts. Unfortunately, Beery is not alone. Many veterans are being victimized in divorce courts nationwide by the very same legally questionable rulings,” Holland stated. “It is very apparent that Judge Keeble wanted to avoid revisiting his ruling in Beery’s divorce settlement, and with John Nebl’s help, he did just that,” Holland said.
David Otto of Jefferson Ohio is a fellow combat Vietnam veteran that served with Jere Beery aboard river patrol boats in the Mekong Delta in 1968. “Beery has been living with me since before his final divorce in 2004. He has devoted well over a year of diligent work building his case, and he has been totally committed to pursuing justice not only for himself, but all veterans. The way Beery was cheated out of his day in court is very unsettling to say the least,” Otto said.
Jere Beery admits proving a conspiracy between Nebl, Keeble and Hudson would be extremely difficult. However, it is evident by the dismissal of Beery’s case that John Nebl acted in the best interest of Judge Keeble, not his client Jere Beery. Beery’s divorce settlement case and appeal are now dead and Judge Keeble’s ruling stands as written. Jere Beery is ordered to pay his non-veteran able body ex-wife $24,000 from his only source of livelihood, his VA disability compensation. “As for now, Judge Keeble and Ike Hudson have successfully slithered their way out from responsibility for violating federal laws which protected my veteran’s benefits from third party awards, and they both are free to do it again,” Beery said.
According to sources within the Coweta County Sheriff’s Department, there is no current Warrant for Beery’s arrest. However, Beery’s ex-wife can file nonpayment charges at any time. This would result in a Warrant being issued for Beery’s arrest on contempt of court charges within the state of Georgia. “In other words, my ex-wife can hold this issue over my head indefinitely,” Beery claimed. Many supporters and friends have advised Beery against going to jail in Georgia over this issue.
To date, the Department of Veterans Affairs, Congress, and national veterans service organizations have refused to directly assist Beery and others in similar situations stating; “they do not get involved in civil matters.” “All I can personally do now is warn my fellow veterans of the danger Judge Keeble poses to veterans benefits in his court,” Beery stated. “The sad part about this entire fiasco is my ex-wife broke our wedding vows, not me. I did nothing to warrant alimony in the first place,” Beery claimed.
Judge Allen Keeble, attorney at law, John Nebl, attorney at law, Ike Hudson could not be reached for comment.
For the entire story, visit – WWW.JEREBEERY.COM
Jere Beery – jerebeery@aol.com
Dale Van Luven – Vietna467@aol.com
Don Holland - donholland1@yahoo.com
Judge Allen B. KEEBLE
Superior Courts, Coweta Judicial Circuit
Colonial Bldg., Suite 201
119 Ridley Ave.
LaGrange, GA 30240-2747
Phone: 706-883-1730
Fax: 706-883-1639
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
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