Las Vegas, NV – Defamation lawsuit draws near for two disabled combat wounded Vietnam veterans, as they prepared their own defense for a June 23, 2014 jury trial before the 8th District Court in Clark County. The amazing thing about this lawsuit is the manner in which it was filed. Mr. Gene D. Simes and Mr. Jere Beery are disabled combat Vietnam veterans who find themselves at the brink of reliving the hate sentiments of many Americans; anti-war activists who opposed the war in Vietnam during the 60’s. Vietnam veterans returning home were caught in the middle of anti-war protests that found many Americans opposing the Vietnam War; hate sentiments that spread civil unrest across the country. A flashback of demonstrators yelling and screaming, “baby killers” and “warmongers”, along with other hate and obscene words to anyone wearing military uniforms.
After some 45 years later, Mr. Gene D. Simes and Mr. Jere Beery are uncertain why an affluent and prominent family attorney in this day and age would stoop so low as to use offensive hate speech to dishonor their service and personal sacrifices. Attorney Marshal S. Willick’s condescending hate speech struck a personal note with Simes and Beery with the publication of his Legal Note #47- (December 2011). These veterans fought for the “bed of freedom” that most take for granted and to be rewarded with disrespect is morally unacceptable. There are many who think that veterans should be treated no different than any average person, but when less than 1% of Americans “serve to protect and defend”, maybe the shame is on those who think this way.
What caused Simes and Beery and others like them to react to such hate speech was attorney Willick’s continued degrading and hatefull remarks by calling veterans Jihad(ists), whack-jobs and nut jobs. According to attorney Willick, zoo keepers “put their lives on the line” as do constructions workers, cops, fire-fighters and a host of others; “besides, whether a career is risky is irrelevant”. It would seem that attorney Willick believes that the job of a zoo keeper, by any means is no more dangerous than soldiers being asked to put their life on the line, soldiers who fight the wars, like Army Rangers, Navy SEALs, US MARINES, Army Special Forces or any other component of the Department of Defense who conducts covert operations across the world.
In his Legal Note #47 attorney Willick chastises a local member of the military-obsessed fraternity – a lawyer! – for writing in, protesting the his last legal note (No.46) who suggested that garnishing military pay was some kind of illicit money-making scheme. The point here is that attorney Willick, unhappy with this opinion thinks that there are “some members of the Nevada Bar just shouldn’t be”. Of course, attorney Willick did not sue him for defamation.
In all reality this lawsuit is not so much about defamation, but violation of 1st Amendment rights of freedom of the press and speech because the remarks and comments made by Mr. Beery were in response to the hateful language used toward veterans, but more particular against those groups that support the protection of federal disability compensation. The consequences of this court ruling could have a lasting profound effect on any veteran who did not retire from any branch of service, if states civil courts are allowed to issue garnishment orders for any type of civil judgment.
Mr. Simes and Mr. Beery continue to seek the help of an attorney who may advise or represent them during the trial.
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For more information . . .
Contact person: Simon Alvarado, Ret. US Army
Email: forgottenwarriors1@gmail.com
Although Jere Beery only served 4 years in the U.S. Navy, he has an impressive military history. Twenty seven months of that service was in the combat waters of Vietnam. His first duty station in 1965 was aboard the USS WESTCHESTER COUNTY, (LST-1167) as a Seaman. The WESTCHESTER COUNTY was involved in many operations within the combat waters of South Vietnam and received many awards and accolades for her service. The WESTCHESTER COUNTY was the recipient of 15 Battle Stars for her 19 years of service. LST-1167 was one of only 3 ships of her type to earn 15 Battle Stars (out of over 1200 LSTs built since before WWII).
Beery’s second duty station in 1967 was with the legendary PBRs of the Brown Water Navy. As a volunteer, Beery saw combat on a fairly routine basis with this elite group and their high speed patrol craft. On March 1, 1968, Beery’s patrol was ambushed by a sizeable force of NVA and Viet Cong. The boat Beery was aboard took two direct RPG hits to her starboard side badly wounding four members of the boat’s crew. Seaman Beery was the most severely wounded and not expected to live. The first RPG had exploded right where Beery was standing as he manned his 50 caliber machine gun. To this day, Beery contributes his survival to the live-saving actions of his patrol officer, LT. RICHARD GODBEHERE and his other crew members. Beery spent the next year and a half hospitalized and recovering from his wounds. THE GODBEHERE PATROL
On November 1, 1968, while Jere Beery was recuperating at NAS Hospital, Jacksonville, Florida, USS WESTCHESTER COUNTY was attacked on the My Tho river. At 03:22 in the morning two very large mines were detonated on the ship’s starboard side. 25 men were killed, 17 were ship’s crew. Several of the men killed that morning were friends and former shipmates of Beery’s. This incident has gone down in history as the greatest loss of life by the U.S. Navy in a single attack during the entire Vietnam War. USS WESTCHESTER COUNTY
In mid-1969, Jere Beery was medically retired from the Navy. His service record reflects 1 Bronze Star, 3 Purple Hearts, and 5 military campaigns in Vietnam. Beery was also rated totally and permanently disabled by the Veterans Administration.
Over the years since Vietnam, Jere Beery has attempted to do some things many thought impossible for someone with physical injuries such as his. During the early 80s, Jere Beery, as a member of the Screen Actors Guild pursued a brief career in the motion picture business as an actor. Beery landed a few small parts in a number of movies and television programs. On several occasions, to the amazement of many, Beery even executed his own stunts.
In the 1986, Jere Beery gave up his career in the movies to crusade for his fellow veterans. Since that time, veteran’s rights advocate Jere Beery has been a noted driving force in the Veteran’s Rights Movement and effort to improve services for our veterans. Beery’s efforts have been extremely well documents and many articles have been written about his quest. A few of these articles can be found on this page. You can also type the words “Jere Beery” into any search engine to find out more about Beery’s efforts. www.google.com
Jere Beery’s multifaceted story is truly an amazing one. From his survival in Vietnam, to risking additional injury executing stunts in the motion pictures, to fighting to protect the benefits earned by our troops, Jere Beery has forged his own trail and continues to amaze and baffle many.
– Place and Date of Birth: Orlando, Fl – 03/13/48
– Raised: St. Augustine, Fl
– Place & Date Enlistment: Jacksonville, Fl – 05/20/65
– Branch of service: U.S. Navy
– Highest Rate/Rank: E4/PO3/Signalman Third Class
– Duty Stations: USS WESTCHESTER COUNTY, LST-1167 and TF116, River Patrol Force, River Section – 511, (PBRs), Binh Thuy, RSVN
– Date of Discharge: 5/14/69
– Type of Discharge: Honorable, Medically Retired
– VA Rating: 100% Totally and Permanently Disabled
Military Awards and Medals:
– 1 Bronze Star – w/combat “V” Citation
– 3 Purple Hearts – (1/5/68, 2/14/68, 3/1/68)
– Vietnam Service Medal – w/1 Silver Star – (5 military campaigns in-country, RSVN)
– Republic Of Vietnam Campaign Medal – w/1960 device
– Combat Action Ribbon
– Meritorious Unit Commendation Ribbon
– Presidential Unit Commendation Ribbon
– National Defense Medal
– Republic of Vietnam Meritorious Unit Citation – Gallantry Cross Medal Color, w/Palm
– Republic Of Vietnam Meritorious Unit Citation – Civil Actions Medal, First Class Color, w/Palm
Military Training:
– River Patrol Craft Training, (PBR), Mare Island, CA
– Special Weapons Training, Mare Island, CA
– J.E.S.T. (Jungle Environmental Survivor Training) – Cubi Point, Philippines
– S.E.R.E. (Survival, Evasion, Resistance, Escape Training) – Whidbey Island, Washington State
– Vietnamese Language – Mare Island, CA.
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