And Roberts (1968-71) is celebrating it back in the general population in a federal prison in Minnesota, as his wife reports that he has been released from solitary confinement, and is working on a supplemental brief, ordered to be filed with the Court of Appeals for the Seventh Circuit, while Roberts' parents, who are in their 80s and unable to travel to Minnesota, hope to see their son before they die.
Writes Mrs. Roberts in an e-mail:
The prison has put Keith back into Unit D. He is no longer in the 'hole,' they let him out to work on his supplemental brief, now due on May 2, 2008. Not much time left.
Today, April 13th, is Keith's 60th Birthday. Not a real happy one, but things are looking brighter.
Mrs. Roberts also has requested that the following statement be posted (received via e-mail, and edited slightly for clarity):
There is a set of books called American Jurisprudence (Thomson Corporation).
In this set of books under VA Law, it gives the best explanation as to how a Veteran can be entitled to VA benefits. It states that 'there must be evidence in the Veteran's Military Records' that shows proof of the medical condition the Veteran has made a claim for and be entitled to benefits.
VA benefits are not granted based upon what the Veteran says, but upon what his records say.
Keith Roberts was indicted, tried and convicted prior to a final VA decision (in which his benefits were granted and then denied). A decision by a VA Regional Office is not a final decision. (Veterans) can take their appeal all the way to the Supreme Court of the United States of America, this is something that the US Attorney for the Eastern District of Wisconsin (Stephen Biskupic) did not understand or care to understand.
(US Atty) Biskupic was saving his job or attempting to save it. Hopefully the Judiciary Committee of Congress will see that it was only (a) political move and not a real crime that put Keith in prison. No one else in this country has to defend himself or herself before two courts at the same time for the same identical issue.
According to VA law established by Congress once a Veteran, any Veteran, not just Keith Roberts, but any Veteran files his substantive appeal to the BVA (Board of Veterans Appeals) and then to the CAVC (Court of Veterans Appeals) and if need be to even higher courts, a decision is not final until the last appeal is over.
This has not only devastated our children, but Keith's parents are both in the 80's and both are afraid they may never see their son again.
They are unable to travel the long distance to the Federal Prison to visit him, they are both handicapped and live too far away. All of this because the Federal Prosecutors believed the Regional Office of Milwaukee, Wisconsin, stating that Keith Roberts' VA claims appeals were complete.
Legal questions and legal comments can be e-mailed to Robert Walsh at: rpwalsh@sbcglobal.net.
Veterans' advocates ask that you please contact the following members of Congress expressing your objection that Roberts was:
- Singled out by the VA and prosecuted by the U.S. Attorney because he spoke out against the fraudulent and slow VA
- Was prosecuted for wire fraud while his VA disability benefits claim was and is still being adjudicated in the VA claims process
Rep. John Conyers, Jr
Chair, House Committee on the Judiciary
E-mail: John.Conyers@mail.house.gov
(Phone) (313) 961-5670(Fax) (313) 226-2085
Rep. Tammy Baldwin
Member, House Committee on the Judiciary
E-mail: Field: http://tammybaldwin.house.gov/get_address.html
(Phone) (608) 258-9800
(Fax) (608) 258-9808
Contributions can be sent to:
Keith A. Roberts Defense Fund, Inc.
c/o Kentucky Neighborhood Bank
201 E. Lincoln Trail Blvd.
Radcliff, KY 40160
Related Pieces
- Jailed Wisconsin Veteran Sent to Solitary Confinement, Seeks Help
- US Atty Biskupic and VA Defied US Law to Convict Wisconsin Veteran
- Prosecute U.S. Atty Biskupic under Federal Criminal Code?
- Jailed Wis Vet Makes Due Process, Evidence Arguments in Appeal
- Fighting the US DoJ and the VA in Two Courts at Once
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