March 24, 2011

McClatchy-Tribune Information Services

PASADENA — The Stolen Valor Act, under which former water board member Xavier Alvarez was fined and ordered to perform community service in 2007, was upheld as being unconstitutional.

The 9th U.S. Circuit Court of Appeals upheld an earlier ruling determining that a law barring people from lying about their military heroics was a violation of free speech.

The earlier ruling, which was made by three of the court’s members in August, invalidated the 2006 act by Congress.

Alvarez, a Pomona resident and then a member of the Three Valleys Municipal Water District board, pleaded guilty in July 2008 to falsely saying he had won the Medal of Honor. He was fined $5,000 and sentenced to three years of probation, which required community service.

Alvarez is currently at Centinela State Prison in Imperial County for defrauding the water district after being convicted of registering an ex-wife for health benefits with the district in 2007.

Jonathan Libby, Alvarez’s public defender, said, “It affirms what I believe to be the right decision,” and noted that Chief Judge Alex Kozinski’s written opinion was “quite compelling.”

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Crossposted from NPR

Paul Sakuma/APPaul Sullivan, executive director of Veterans for Common Sense, pictured here in 2007, has been fighting the Department of Veterans Affairs for years for having an unmanageable backlog of disability claims. He says the department’s problems are only beginning.

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To all of Corey’s Supporters:

I was just officially informed that Corey’s petition for clemency was denied in its entirety. I have learned that this decision was forwarded to Fort Leavenworth on Friday, the day after the hearing, rather than the normal two weeks time period. No reason for denial has been given thus far.

I say that this is not the end of the fight, but rather the beginning. I am already preparing for the next steps and, despite this setback, I remain hopeful that eventually justice will prevail. It must.

We are grateful for all the support you have given us throughout this process. Now, Corey and his family need you more than ever. If you can, please take a moment to write Corey a letter and let him know that he is not forgotten. He will soon celebrate his fifth birthday behind bars.

This is just the beginning of the struggle, and one that I refuse to abandon.

Tim Parlatore

Below is a full copy of the Memorandum submitted to the Clemency Board on behalf of PFC Corey Clagett. It came to our attention yesterday, June 8, 2010, that the Board has denied clemency. Please take the time to read the memorandum so you can understand the implications of the Board’s decision.

Read the petition in PDF format.

Below is a full copy of the Memorandum submitted to the Clemency Board on behalf of PFC Corey Clagett. It came to our attention yesterday, June 8, 2010, that the Board has denied clemency. Please take the time to read the memorandum so you can understand the implications of the Board’s decision.

Read the petition in PDF format.