More Evidence Clears Innocent Jailed Wisconsin Veteran

This is no misunderstanding.

The VA and DoJ know what they did.

The VA and DoJ indicted and convicted an innocent Wisconsin Navy veteran who blew the whistle, in arguably obnoxious tones of voice, on the VA engaging in one instance of fraud, and the VA's general bureaucratic stall-and-let-the-veterans-die-before-collecting-on-their-claims-policy.

Now comes the latest exculpatory evidence on U.S. Navy Airman Keith Roberts (1968–71), a Wisconsin citizen who became a political and legal VA target because he would not keep his mouth shut.

While seeking a claim for his diagnosed PTSD condition, the honorably discharged veteran ultimately received a criminal conviction (on wire fraud) courtesy of the efforts of the U.S. Dept of Justice, through the office of the U.S. Attorney for the Eastern District of Wisconsin, Stephen Biskupic, that Roberts lied about his relationship with and his actions pertaining to a fellow Navy airman's, Gary Holland, death, crushed by a C-54 transport aircraft in a Feb. 1969 accident at a Naval airbase in Naples, Italy.

That's a thin reed on which to base a prosecution, but is typical of the basis of numerous U.S. Atty Biskupic's prosecutions.

Scott Horton, acclaimed human rights attorney of Harper's magazine, writes:

The prosecution smacks of retaliation and a plan to suppress veterans claims—Roberts was prosecuted for tenaciously pursuing a claim for benefits, which VA resisted and which is still in the benefits review process.
More corroborating evidence received here that Roberts, on line duty in 1969, a military position guiding flights on the ground, at the time that Airman Gary Holland was killed, further disconfirms the prosecution's case, a thin case already already discredited.

This new evidence comes from a veteran, and a distant relative of Roberts' in an e-mail, reading:

By the way, Keith had talked to me about the death of (Airman) Gary (Holland) a number of times in 1970 and 1971 when are Navy careers caused us to cross paths in Naples, Italy and in Norfolk, VA. Keith is my brother-in-law's nephew. I never thought this BS from the VA and the US attorney could have every actually led to a conviction and prison time.
Roberts has never varied from his account from 1969 of his actions during which a friend was killed (not even the Navy, VA and DoJ can deny the existence of a corpse), according to numerous intimates and relatives; though their testimony was never introduced at Roberts' 2006 trial.

Other veterans at the Italy airbase corroborate Roberts' account, but their accounts conflict with the government's, and therefore are narratives in which the VA and DoJ maintain an abiding disinterest.

The case remains under appeal at the Court of Appeals for the Seventh Circuit at which oral arguments were addressed Oct. 25.; and at the U.S. Court of Appeals for Veterans Claims (CAVC), fully briefed.

Do not look for U.S. Attorney for the Eastern District of Wisconsin, Stephen Biskupic, to admit his travesty of justice in the Roberts' affair, anymore than he admitted his error in the prosecution of the innocent and decent Wisconsin woman, Georgia Thompson, whom he prosecuted for his selfish and appalling political motives.

Radio News: - Listen to the Lee Rayburn radio show for a full hour discussing the veteran Keith Roberts obscene prosecution by the U.S. government. [Give the radio show's file some time to load, long show.]

###

Comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Thanks for the commnet

Cleaning house at the VA is one of the first thing, Obama should do. It's worth noting that the Seventh Circuit's decision affimring the conviction of Roberts recognizes the weakness of the government argument of the intent of Roberts to allegedly devise a scheme and defraud the VA. "The record might also have supported a jury determination that Mr. Roberts sincerely believed that his statements were true and that he had no intention to defraud the Government," reads the opinion by Justice Kenneth Ripple. But Ripple notes of the guilty verdict, that, "It is beyond our authority to disturb such a finding on appeal." This conviction ought to be looked at of course, and the shredding is certainly emblematic of what the VA has become. We await the outcomes of VA and appelate courts; will keep you posted here.

Veterans Administration Compensation & Pension Offices

SEE (VA Watchdog.org.) This website will definitely help Mr. Keith Roberts. AUSA's need to be prepared for wrongful prosection suits when dealing with veteran's submitting claims. Any AUSA that goes after a Veteran for BS regarding a questionable claim better find him or herself a new career. The VA Compensation and Pension Offices are so corrupt they need to be prosecuted not the veteran. House panel will target VA shredding By William R. Levesque Times Staff Writer A House committee overseeing the Department of Veterans Affairs will hold hearings next month to question VA leaders about documents improperly marked for shredding at agency offices around the nation. Rep. Bob Filner, D-Calif., chairman of the House Committee on Veterans Affairs, said Friday that he was outraged by revelations that papers crucial to deciding veteran disability and pension claims were being destroyed by VA workers. "These guys remind me of the Keystone Cops," Filner said. "This completely shatters confidence in the whole VA system. These documents are matters of life and death for some of these veterans." Rep. C.W. Bill Young, R-Indian Shores, is not on the committee but supports having hearings and suggested the problem might be widespread. Some VA employees could face legal problems, he said. Filner said he will hold the hearings the week of Nov. 17, when a lame-duck session of Congress is expected to convene to consider an economic stimulus package. Filner said among those he will call to testify are VA Secretary James Peake and investigators for the agency's independent watchdog, the inspector general. A VA spokeswoman declined to comment on the hearings or Filner's statements. But the VA said it expects to cooperate with any House investigation. Filner, a frequent critic of the VA, said he wanted to know how far back this problem went and said he thought the agency needed new leadership. "I think there are some employees at the VA who don't want to do the work," Filner said. "And management allows this to happen." The VA inspector general earlier this month found problems with documents improperly marked for disposal at benefits offices in four cities: St. Petersburg, Detroit, St. Louis and Waco, Texas. While the inspector general investigation continued, the VA began a separate inquiry that found nearly 500 documents improperly placed in shredder bins in about two-thirds of the agency's 57 benefits offices. At Bay Pines in St. Petersburg, the busiest benefits office in the nation, investigators found eight misplaced documents. Young said he spoke with investigators for the inspector general in St. Petersburg this week. "What they tell me convinces me that it's bad," Young said. "And I think some people are probably in legal trouble." But Young declined to release details or say if any employee of the St. Petersburg office deliberately threw away veterans' paperwork. Young said investigators asked him not to release information until their work is finished. "I don't think they know the full scale of the problem yet," Young said. "I'm afraid this might be a widespread and long-term situation." Alison Aikele, a VA spokeswoman in Washington, said a national ban on all shredding in benefits offices remains in effect. That ban will continue until the agency settles on a policy to guarantee key documents are not improperly destroyed.

Post new comment

The content of this field is kept private and will not be shown publicly.
By submitting this form, you accept the Mollom privacy policy.

Regular Reader? - Support Uppity Wisconsin and other sites with Kachingle! Spend $5/month across your favorite web sites, including Uppity Wisconsin. Mouse over above to find out more.

Shopping cart

View your shopping cart.

Recent comments