PRESS RELEASE #38
Another Disabled Veteran Jailed for Protecting His Earned Veterans Benefits
By Staff Writer: Rick Townsend
February 13, 2006
Disabled combat Vietnam Veteran, Calvin Murphy of Bear Lake, Michigan was sentenced to 90 days in jail today for refusing to use his combat related Social Security Disability money to pay court ordered alimony. Circuit Court Judge, JAMES M. BATZER sentenced Murphy to 90 days in the Manistee County Jail on contempt of court charges. Murphy was lead away in handcuff to begin his 3 month incarceration after the ruling.
Murphy has stated he will serve the 90 days as protest for what state divorce courts are doing to veteran's earned benefits, including SSDI that is based on disabilities incurred as the result of service of this country. Murphy feels strongly that he is standing up for the protection of benefits and compensation earned by his fellow veterans.
Combat Vietnam veteran and Minister, James Vollink, of the Forgotten Man Ministries in Michigan is monitoring the situation very closely and will be visiting Murphy in jail as soon as he is allowed. Minister Vollink's main concern at this time is to insure that Murphy receive his much needed medications in jail. You may contact James Vollink for updates on Murphy's plight and physical condition at this email address. jimconserv@aol.com
As many may remember, Dale Van Luven suffered for over two weeks of his 30 day incarceration without ANY of his seizure medications while in jail in Tennessee for the very same offense. Jails are not meant to be pleasant or accommodating. As far as jail personnel are concerned, Murphy is just another criminal serving his time.
Veteran’s Rights Advocate, Jere Beery is in the process of getting Fax numbers for the Judge, State Governor, sheriff, and other state and federal officials. Beery is asking everyone to help stop this madness. Jere Beery can be reached at jerebeery@aol.com
Below is a statement Murphy presented to Judge Batzer before he was sentenced today.
It is unknown at this time if Judge Batzer is a veteran himself.
Calvin Murphy is 100% disabled and not in good health. Murphy is being treated as a common criminal with no regard for his health or wellbeing.
All stations are requested to assist this ill veteran in getting released from jail ASAP.
For the sake of accuracy, Calvin Murphy’s statement appears exactly as it was written and presented to Judge Batzer.
MURPHY STATEMENT
YOUR HONOR I WOULD LIKE TO RESPECTFULLY THANK YOU FOR GIVING THE TIME TO READ THIS STATEMENT.
FIRST OF ALL I WOULD LIKE TO SAY THAT I AM IN NO WAY TRYING EMBARRESS OR HUMILIATE THE COURT IN ANY WAY BY MY ACTIONS. TO HAVE AN AMERICAN CITIZEN TO SAY THAT ABOUT ME AS AN AMERICAN COMBAT VETERAN WHO PUT HIS LIFE ON THE LINE FOR THE AMERICAN WAY OF LIFE WHICH INCULDES ARE LEGAL SYSTEM IS AS DEVASTATING TO ME AS THESE DIVORCE PROCEEDINGS. I APOLOGIZE TO THE COURT THAT THIS WAS EVEN BROUGHT UP, AND IT WAS NOT MY DOING.
YOUR HONOR I WAS AN ORIGINAL MEMBER OF THE 1ST BN. 44TH ARTY ''C'' BTRY. WE ARE THE MOST DECORATED ARTY UNIT IN AMERICAN MILITARY HISTORY. DURNING MY TOUR IN VIET NAM I WAS PULLED OUT FOR WHAT WAS KNOWN AT THAT TIME AS 'COMBAT FATIGUE' AND KNOW KNOWN AS POST TRAMATIC STRESS DISORDER ( PTSD). MY ENTIRE SQUAD WAS KILLED AND I WAS NOT WITH THEM AND IT HAS BEEN VERY HARD FOR ME ALL THESE YEARS TO DEAL WITH THAT. VA DIAGNOSED ME AT 70% FOR PTSD AND THEN SAID THAT I WAS NON-EMPLOYABLE AND GAVE ME 30% FOR THAT WHICH PUTS ME AT 100%. THAT QUALIFIED ME TO PUT IN FOR SSD FOR PTSD AND I DID THAT ON JULY 29th , 1998. ALSO MY JOB WITH THE NATIONAL PARK SERVICE WHICH MADE ME SEEK HELP FOR PHYSIOLOGICAL PROBLEMS THAT I WAS HAVE AND IT LEAD TO ME GOING TO VA. IN AUG. OF 1998 THE PARK SERVICE PUT ME ON DISABILITY RETIREMENT ( WHICH IS ALSO FOR PTSD).
SO YOUR HONOR I AM HERE BECAUSE I WANT TO PROTECT THESE BENEFITS THAT I HAVE EARNED BECAUSE OF MY MILITARY SERVICE. UNDER THE THE US. CODE OF LAW TITLE 38-SEC 5301, SHOW THAT MY VA PENSION IS EXEMPT IN DIVORCE. UNDER TITLE 42 OF THE US CODE OF LAW, SEC. 407, SHOW THAT SSD IS NOT COUNTED AS TAXABLE INCOME AND PROHIBITS STATES FROM DIVIDING SSD BENEFITS. I AM WILLING TO SHARE MY BENEFITS FROM THE NATIONAL PARK SERVICE WITH MY WIFE IF THEY ARE NOT EXEMPT IN THESE PROCEDDINGS.
YOUR HONOR YOUR ORDERED ME TO PAY MY WIFE $800.00 A MONTH TEMPORY SUPPORT. I BELIEVE YOU GOT THAT BY ADDING MY $1200.00 SSD CHECK AND $400.00 NATIONAL PARK SERVICE CHECK. THAT CAME TO A TOTAL OF $1600.00 AND YOU DIVIDED THAT IN HALF AND CAME UP WITH $800.00. FIRST OF ALL I CAN NOT AFFORD IT AND SECOND $400.00 WOULD COME OUT OF MY SSD CHECK THAT IS SUPPOSE TO BE EXEMPT. I HAVE GIVEN HER $400.OO FOR THE MONTH OF JAN. AND $400.00 FOR THE MONTH OF FEB. I BELIEVE SHE SHOULD GET HALF OF THE NATIONAL PARK SERVICE CHECK IF IT IS NOT EXEMPT. SO THIS IS WHY THESE CHARGES OF BEEN LEVELED AGAINST ME.
YOUR HONOR I AM TRYING TO PROTECT WHAT I EARNED AS A COMBAT VETERANS. IT IS NOT MY FAULT THAT I AQUIRED THIS CONIDITION WHILE DEFENDING MY COUNTRY. AND MY COUNTRY HAS GIVEN ME THESE BENEFITS FOR MY SERVICE. I AM NOT A CRIMINAL FOR TRYING TO PROTECT THESE BENEFITS BUT BEING MADE TO FEEL LIKE ONE BECAUSE I AM TRYING TO PROTECT THESE BENEFITS. I AM MAKING A STAND ON MY BEHALF AND ALL VETERANS PAST PRESENT AND FUTURE. I AM INVOLED IN A NATIONAL MOVEMENT ON BEHALF OF VETERANS NATION WIDE AND ALL WE WANT IS FOR THESE LAWS TO BE FOLLOWED TO THE LETTER IF WE READ THEM RIGHT. THERE ARE OTHER CASES OF THIS SAME THING GOING ON IN OTHER STATES AND WE JUST WANT THEM CLARIFIED. THIS IS NOT A DISOBEDIENCE ACT ON MY PART AS MY WIFES LAWYER SAYS.
YOUR HONOR I WISH I COULD GO TO MY WIFE AND SAY LETS GO HOME, BUT SHE HAS MADE IT CLEAR THAT SHE HAS NO DESIRE TO. HER REASON IS THAT SHE CAN NOT DEPEND ON ME ANYMORE BECAUSE OF PTSD, I AM NOT CLEAR WHY. I HAVE USED EVERY AVENUE AVAILABLE TO ME BY VA TO DEAL WITH THIS PROBLEM AND I WILL CONTINUE TO DO SO AND I HAVE COME A LONG WAYS. THIS WHOLE ORDEAL IS A NIGHTMARE FOR ME. I WANT TO HANG ON TO MY HOME AND DON'T KNOW IF I WILL BE ABLE TO. I AM VERY NERVOUS ABOUT BEING HERE, MY WIFE IS THE ONE WHO LEFT ARE HOME AND TOOK EVERYTHING, AND FILIED FOR DIVORCE. THIS WHOLE ORDEAL HAS LEFT ME DEVASTED. ALL BECAUSE OF WHAT HAPPENED TO ME DEFENDING MY COUNTRY. IS THIS MY FAULT FOR THAT REASON? I WANTED TO SALVAGE MY MARRIAGE. WE HAVE BEEN TOGEATHER FOR MANY YEARS AND HAVE A DAUGHTER AND TWO BEAUTIFUL GRANDCHILDREN. I JUST WANT TO HAVE A HAPPY FAMILY BUT IT IS ALL GONE BECAUSE OF CONDITION I GOT DEFENDING MY COUNTRY IN COMBAT. FOR THAT I AM BEING PENILIZED.
ALSO MY WIFES LAWYER SAYS I WILL NOT USE A FORMAL APPEAL OF THE COURTS ORDER. THIS IS NOT A PLOY YOUR HONOR ON MY PART, I DO NOT HAVE THE FUNDS TO DO SO. ME AND MR. OTTO HAVE DICUSSED THIS AND THERE ARE NO FUNDS THERE FOR AN APPEAL. THIS PROCEEDING HAS LEFT ME WITHOUT ANYTHING. I AM LIVING FROM CHECK TO CHECK TO KEEP MY BILLS PAID. I HAVE AQUIRED ANOTHER C/C BILL THAT MY WIFE AQUIRED AND SAID IN DEPOSITION THAT SHE DID NOT AND I AM TRYING TO CATCH IT UP SO I AM NOT TURNED INTO COLLECTION AGENCY, ALL OF THIS JUST KEEPS GETTING BIGGER AND BIGGER AND MORE COSTLY, JUST BECAUSE I WANT TO KEEP WHAT I EARNED AS A SOLIDER DEFENDING MY COUNTRY.
SO IN CLOSING YOUR HONOR I WILL SAY THAT WHAT EVER YOUR DECISION IS I WILL RESPECT IT WEATHER I AGREE OR NOT. THAT IS WHAT IS SO GOOD ABOUT AMERICA IF WE DISAGREE WE CAN EXPRESS ARE SELFS AND THE VETERANS ARE THE REASON FOR THAT FREEDOM.
THANK YOU YOUR HONOR
GOD BLESS AMERICA AND GOD BLESS THE VETERANS OF AMERICA. Thank You - CALVIN MURPHY
The Firebase Network will continue to follow this developing story.
Judge James M. Batzer - FAX 231-723-1645
Manistee County Sheriffs Office
1-231-723-6241
Jail FAX – 231-723-1584
Michigan Governor, Jennifer M. Granholm - FAX 517-335-6863