U.S. war deserter critical of Canada as he heads home

[CHIMO]

U.S. war deserter critical of Canada as he heads home
Last Updated: Thursday, September 28, 2006 | 11:25 AM ET
CBC News

American war deserter Darrell Anderson says Canada wasn't the safe haven he thought it would be as he announced his decision to return home to face his punishment.

Anderson plans to pack his bags and return home to Kentucky this weekend after settling in Toronto 1½ years ago when he fled the U.S. to avoid further service in Iraq. His wife, Gail Green, will join him.

While Canada provided him an escape from serving in a war he'd come to resent, he says the time has been arduous.

His refugee bids have failed so he can't work here legally and he can't get health care.

http://www.cbc.ca/canada/toronto/story/2006/09/28/anderson-canada.html

[JuniperLea]

1. Riiiiight.... FEAR CANADA!!!

Jeez.

[MADem]

2. I think he had an incompetent Canadian LAWYER, that was the problem

Actually, you can't even blame the Canadians for the lawyer, as the lawyer was a Vietnam era draft dodger who FAILED TO FILE the paperwork that might have bought the kid more time before the deadline.

Anderson, who arrived in Canada by way of Niagara Falls, Ont., in January 2005 and settled in Toronto, had hoped to build a new life north of the border. But his Canadian lawyer missed a deadline for filing paperwork to have him declared a refugee, which would have allowed him to remain in the country.

He said that not only meant he could not qualify for a government work permit - which he had to have to get a job - it also opened the possibility that Canadian authorities might deport him, even though he had married a Canadian woman, according to the report. http://www.canada.com/topics/news/world/story.html?id=f1b49224-b0c7-47fd-aee0-367a248841ce&k=30924

Anderson is among at least 225 U.S. soldiers who have deserted to Canada and are living here either illegally, as students or as refugee claimants, said his former lawyer, Jeffry House.

House, himself a Vietnam-era U.S. deserter, now represents many in the current generation of war resisters and said he's spoken to at least 98 such people personally.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1157665847437&call_pageid=970599119419

[Canadian Socialist]

3. Jeff House was the lawyer who missed the deadline?

WTF? He's a regular poster on babble.ca (a left/progressive board here in Canada, that I belong to as well)... holy shit!

[MADem]

4. Well, never send an American to do a Canadian's job, I guess....

It was a big fuckup that basically painted the kid in a corner from the gitgo. No wiggle room, apparently, in the law. And now, with a righty nut running Canada as well, the kid hasn't a prayer...

[razors edge]

5. he will emerge from prison

with both legs and a clear conscience, I would consider that something. He needs to get all the publicity he can so that he is not forgotten in the gulag.

[MADem]

7. He won't get "gulag'd" so long as he has a decent lawyer

The best ones are former military JAGS--they know their way around the military courtroom and understand what can and cannot be done. If he can get himself hooked up with a field grade or higher former military lawyer who is practicing in the civilian sector he might be OK.

Also, it doesn't look good for the military to go hyper-harsh on a Purple Heart/PTSD servicemember. The PTSD is a factor in mitigation all by itself.

He'll do time, I suspect, but it won't be SUPERMAX, and it won't be forever.

[razors edge]

10. ever do any time

in a military lock up, I have, it was only a correctional custody unit for 30 days in Japan, not pleasant. he will be in a bad place making little rocks out of bigger ones.

the JAG bs you see on tv ain't real life, there are no cute, sexy, hard chargers looking to protect the enlisted grades, only officers with an eye on their future making backroom deals to pad their own chair. and i am not aware of any who exercised their right to resign their commission, lurking around taking these loosing cases. they may find a need for more of these guys to deal with the kangaroo tribunals soon and one sticking their head up may get themselves a back door draft.

this is a bad time for a lawyer to try to assert defendants rights in america, I won't hold my breath for one to come forward to defend a deserter who bush would probably love to place before a firing squad, just as an example.

If I could pardon these f***ed in the head men myself I would, but the state takes a grim view of desertion and I know of no example where a light view on it by any state has ever existed. It would challenge the state as to its authority to send men to their death and they ain't giving up that power.

[MADem]

11. I may have PUT you in that CC...I used to send bad Sailors to USMC

CC in Japan. It worked pretty well, I must say--I made sure they got plenty of health and welfare visits, and were welcomed back into their divisions and watched carefully when they got out. It actually turned some hopeless cases (usually first termers who would go out and get drunk and who repeatedly missed muster) that were headed for BCDs around--I still get a Christmas card every year from a kid I put in CC over Christmas--the kid retired as a senior chief. However, CC is NOT punishment, like jail is. It is CORRECTION. I know you probably don't feel that way, having gone through it, but go look it up. I'm telling you the truth.

Further, it is unlikely in the extreme that this kid will be sentenced to "hard labor" in the rock yard. That clown who used his dog to frighten Iraqi detainees got 90 days of "hard labor" (which means moving furniture and painting barracks, not breaking up rocks) and NO confinement--it's generally used like "restriction and extra duty" are used as a punishment. That guy had a civilian lawyer, too: http://abcnews.go.com/US/print?id=2032846

The military only has one maximum security prison, and that's Leavenworth. This guy isn't a killer or a child molester, and if his sentence is less than seven years, he's not going to Leavenworth. He'll go to some other brig, like Quantico or FT Knox.

I've got decades in service--believe me, I know the real deal, and I'd wager I probably have a bit more experience than you do in this area. I'm very familiar with the military justice system, and I've served on many courts martials. Not all military lockups are hard time evolutions.

And as for civilian lawyers who are former JAGS, I personally know about two dozen of them. The former head of USN JAG is a dean at a law school in NH. A former Army JAG top dog is a silverback at a K ST. Law firm. If you look at most of the high profile military justice cases, they are defended by paid lawyers who are EXACTLY what I stated--former JAGS who have civilian practices. Some are retired, others are reservists--there's a reserve USMC Major in Alexandria VA who gets a lot of publicity when he takes on a case--he knows how to work the public affairs aspect very well.

Grab a copy of Army/Navy/USMC/USAF Times, and go to the back pages where the ads are. You'll see DOZENS of lawyers who are just as I described, offering their services.

Recent high profile cases where civilian defense attorneys (some former JAGS) figured prominently:
PFC England: http://www.washingtonpost.com/wp-dyn/content/article/2005/05/02/AR2005050200295.html
SPC Harman: http://www4.army.mil/ocpa/read.php?story_id_key=7348 (Her lawyer, Frank Spinner, also figured prominently in the Aberdeen Sex Scandal trials)
SGT Graner: http://www.usatoday.com/news/nation/2005-01-13-graner_x.htm?POE=NEWISVA

This guy, Charles Gittens, is fairly high profile: http://www.winchesterstar.com/TheWinchesterStar/030208/Area_commander.asp
Some practices (near military installations) do military trial work in substantial amounts: http://www.militarylawyers.org/ http://www.militaryinjustice.org/help-why-atty.htm

Quite frankly, I agree with those who believe that hiring a civilian attorney to join the team with an appointed military attorney is a smart bet. The civilian is not constrained by chains of command and rules regarding dissemination of information. He or she can rile the media, go on Larry King, and do what a good advocate is supposed to do, without stepping on military regs that might constrain a uniformed representative. The service isn't free, though--only the military rep is provided without expense to the accused.

[razors edge]

14. Never saw any squidies in the CCU I was in,

would have been interesting though to see them going to marine boot camp, or the closest thing to it you'll ever do. I just failed a piss test, guess my CO didn't like the taste.

Just kidding, I and three others were "Failed" on a piss test we never took, complete fabricated chain of custody reports and all, due to the fact we were witness to the CO telling two E-5s a certain barracks thief had better "fall up the stairs" on the way to his office. The two Sergent's stabbed the kid in the heart and went UA for a month before getting found. Too bad they got the wrong guy on top of it all. As defense witnesses we were quickly made less than credible with a Less than Honorable. I always wondered if they stole the idea for the movie from that incident.

If I ever have the pleasure of meeting my CO or XO ever again, I am pretty sure they will fall up some stairs themselves.

If 3 hours of PT, 4 hours of busting rocks with a 16lb sledge hammer and the remainder of the day polishing 50 year old toilets is your idea of a good time I suggest you try it sometime with a marine DI wannabe screaming at you all the while, (that part never bothered me though) but the worst part was probably the close proximity to the pig farm.

That was all more than 20 years ago and I don't think about the CCU or the pig shit anymore, but occasionally I would love to kick the living hell out of my Commanding Officers. So you see I have no respect for the military as a whole, the government as a whole, or any corporation really for that matter since their pervasive corruption does not deserve it in my book.

[MADem]

15. Well, you clearly weren't interested in being Serviceman of the Year

I generally tossed kids out on their asses for flunking piss tests. See ya later. No second chances. It wasn't the use, per se, it was the good order and discipline aspect of it all. Of course, the rates of forgiveness depend entirely on how many are in the pipeline, if the branch is overmanned, and so forth. I seemed to catch kids when we needed to trim the ranks.

BUT ON EDIT, I see you say you never took the test at all. That's odd. There were a lot of "irregularities" at the San Diego lab that tested the piss about two decades back. Seems to me I recall a lawsuit that was successful, but it's a bit vague, the specifics, now.

I used CCU for those I thought were worth saving. I did make sure they had plenty of health and welfare visits, and despite those poor bastards trying to shine their boondockers and learn the USMC way of doing things (that was the biggest challenge, it wasn't the same at all) they came out in great shape and for the most part, with close followup, it worked. It beat having to courts martial them, and often nipped a problem in the bud. Of course, it doesn't work on everyone.

You probably made a mistake joining the service in the first place. It's not a good career path for the free-spirited and those who can't submit to authority. Remember, even your CO had to serve somebody...it's the way the chain works. But if your CO sanctioned murder, the thing he needs to serve is time...

[razors edge]

17. I was the only one of us who got CC,

because I was the only one to talk to a military lawyer about my options of courts martial vs njp. I had pro&cons of 5.0/5.0, I joined at 17 and was an E-3 before 19, E-4 before 20, and up for E-5 when this shit happened. I was the head of my F-4 phantom hydraulics shop, on aircraft mechanic, collateral duty inspector, and had no previous run ins with anybody for anything. the boy didn't die, four of us who were questioned about the CO's comments were railroaded out and the investigation went no further than the two sergeants. They did go to levenworth, one for ten, one for fifteen. I had four days to go on my enlistment when I was separated.

You probably mistake free thinking for free spirited, and we all submit to someone's authority don't we? There are plenty of slots for what we called "Robolifers" but the free thinking hard charging marines where the ones who not only made it up the chain fast, they were loved by those they led. My Teamsters have never filed a grievance against me in twelve years, and its what I learned in the military that has kept me in my position for twelve years, no other manager held for longer than three, since 1962.

A quick check of pay rates for E-9 with 24 years shows me they are paying a whopping 60K/yr. I have had that beat with a new chevy 1500 every three years for personal use only on top, for about 10 years. So I am by no means bitter of the way life worked out.

The nature of my work requires a close relationship with the DHS through the Coast Guard and meeting with many of Toledo's powerful and influential, So I guess I don't have any real problem with authority, just corrupt authority.

[MADem]

19. No, you're right. I misread your story initially. You got shafted.

And your point about corrupt authority is spot on. I agree with it. You can only lose that integrity once.

[razors edge]

21. Yeh it hit me like a ton o bricks

21 years old, used to fix 36 million dollar mach 2 fighters, now you work at joes lawn service, fixing 36 dollar walk behinds. Been a long road back. But it's cool now.

[MADem]

23. I hate shitty military leadership. There's no excuse for it. As a leader

you are lucky as hell because the discipline factor makes it WAY easier to lead--it's not like you are having to do the entry level training for every new "employee." They all come to you with a basic overlay of knowledge and a rudimentary understanding of how things work. They're not gonna mouth off, if they're late for work too often you can "correct" that behavior pretty quick.

But the trade off for all of that ease is that you have to conduct yourself with absolute integrity to earn the respect of those who report to you. And if you don't, then you're stuck using the Fear Factor to keep order, and that slides downhill to resentment right quick.

Eh, a shame for you, though, and so unnecessary. Glad you found you way back.

Wish you'd had a better skipper and not had to go through it at all.

[funnymanpants]

18. Good to hear (from city of Darly Anderson myself)

I am from the hometown of Anderson and was even on the air with his mother. His mother told me about a month ago that the military promised he would do no time at all, that he just needed to return and go through the motions to get discharged. We both didn't know what to believe.

The reaction here has been very hostile towards him, with some advocating the death penalty.

[ConcernedCanuk]

6. "might have bought the kid more time before the deadline." - MIGHT have

.
.
.

And unfortunately for y'all

Our government agreed some time ago not to harbor people avoiding service with your War-Machine down there

I wish our government had not made such an agreement, but they did

(sigh)

[MADem]

8. The kid has been up your way for two years or so... NT

[bahrbearian]

9. Oh so he went there for health care ,,ROFLMAF

Really ,, so go back to Iraq. Is it just the Illegal people in the US that get health care ,,so what is your noble Cause. If I could get my ass accross that border I would ,, but I won't leave my wife. Upon edit the guy really has some guts, I admire him.

[MADem]

12. That's not what the article said at all.

It didn't say he went there FOR the health care, it said that because his appeals have failed, he can't get asylum or health care, he has no money, and he has PTSD (which does require treatment).

[TrogL]

13. Canada warned soldiers they wouldn't take draft dodgers

I lobbied my MP and she said drop it, it ain't gonna happen

[Lisa]

16. my MP is on board, but with Harper in charge ...

... the government would be fighting it all the way, even if the other opposition parties (Liberals and Bloc) signed on too.

http://www.ndp.ca/page/1429

"Tue 21 Jun 2005
OTTAWA –Today, Bill Siksay, MP (Burnaby-Douglas), NDP Critic for Citizenship and Immigration and Canadian Human Rights, tabled a petition in the House of Commons urging the Canadian Government to grant sanctuary to American service men and women who object to the war in Iraq."


I'm truly sorry for Mr. Anderson. I wish he could stay, and all the others too. Last year, I gave the money I'd been saving for a new bike, to the War Resisters Support Campaign to help cover legal costs. I wish there were more I could do.
http://www.resisters.ca/index_en.html

[MADem]

20. He's not a draft dodger, though. He was AWOL, and after 30 days,

a declared deserter.

[Gabi Hayes]

22. gee....that's sounds AWFULLY familiar.... who do you know of

that fit that bill about thirty years ago?

[Stuckinthebush]

24. Brave guy...

Served, wounded, awarded the Purple Heart...

Refused a direct order to fire on a car that was filled with a family...

Left his home country due to his unwavering belief that it was wrong...

Asked Canada for help and is now coming back 18 months later to be tried and probably incarcerated.

Brave man.

[Casablanca]

25. A good man in a corrupt system

He knows when to withhold fire and disobey orders. A true soldier - I'd support him any day.