THE FEDERAL GOVERNMENT SENTENCES VIETNAM VETERAN TO DEATH FOR USING MARIJUANA MEDICALLY

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Written by:  Cindy Spencer

                          USMjParty Virginia

 

July 27, 2013

 

What ever happened to the land of the free?

He was certainly one of the brave.

There was no judge or jury. No trial. Just a death sentence. Handed down by Uncle Sam.

        Let’s go back a few years for a little history? My father was born in 1949. He was the youngest of three. He lost his mother very prematurely at the very early age of 12. Soon after his father remarried a very hateful and manipulative woman who had no use for her new husband’s dead wife’s baby boy. His older brother and sister were old enough to be out on their own. He was not. So he was shuffled around a bit between various relatives, meanwhile mourning the loss of his mother and now essentially his father. Add to that, the struggles of coping with having to learn to live without the affections of a mother for her baby boy, and the sting of being discarded by his father when he needed him the most, just to please this new “woman” for lack of a better word, who wanted absolutely nothing around to remind her husband of his first wife.

        Now let’s move on to June of 1967 when he began his enlistment into the United States Army. He went thru the training and arrived in Vietnam July 5 1969. My father never spoke much off his time in Vietnam, as doing so sent him back there, and as many Vietnam vets tell me, they’d do almost anything to keep from “going there”. From what I gather, he was, at least for part of the time, the man the carried the communication device in that kept them connected to base, in which air strikes were called in. because of this, I am quite sure he was definitely one that the enemy would try to “take out”. But really, weren’t they attempting to take them all out? Which they nearly did. He also spoke of the feeling of Agent Orange as it fell and landed on his skin. That their own government poisoned them with. He spent 1 year over there, and returned to the states June 19 1970. I think, it is despicable, no, criminal the way our soldiers were treated upon their return. I also firmly believe that was akin to a secondary wounding, except on friendly soil. I cannot imagine what my father and all those others must have felt after what they had gone thru in an attempt to survive while fighting for their country only to be called baby killers and be spat upon by the very people they were dying to protect. It makes me so angry.

      So, now we go to February 1971 when he weds my mother. He loved her with all the love he had to give. He was definitely wounded in the war, but because his injuries weren’t visible yet, he was not treated, much like many,  many others for PTSD. But he most definitely had it. He and my mother started their family with my birth in December of 1972. Then was my brother in March 1976. Then was my sister in January 1978.  And last but not least, was another brother in February 1980. So here he was with a wife and four kids. With no education other than combat training, he worked long hard hours setting up mobile homes for minimum wage. Which obviously didn’t go too far with a family of 6.  He and my mother struggled long and hard. It took a toll on their marriage, but they stuck it out, for now any way. But he had begun to self medicate with alcohol and marijuana that he was introduced to in Vietnam. This went on with all life’s ups and downs for many years until the kids were raised. It was quite violent at times because of the alcohol.

      After my baby brother graduated high school in 2000, he joined the United States Air Force. By now my dads drinking was daily. He was a very small man weighing in at 119 for most of his life. It didn’t take much and he would be pretty loaded. As long as he drank just beer he really wasn’t as bad. It was when the liquor entered the picture that all of his sense, reason, and self control left the building. This was a huge problem and almost broke our family up for good. Around 2002 my mother had taken all the abuse she could handle, and I mean emotional, and verbal. It only got completely physical once that I know of. And my mom was always slightly bigger than my dad, until recently that is, so she could hold her own, until he pulled the guns that is. I lived with them at this time, as my marriage had fallen apart, and I could not afford to remain on my own for many reasons. So my mom left him. Then it got real bad, he grew more and more depressed. He had been seeing a local backwoods dr. forever for whenever he got sick, and for his “nerves”. That dr. had him on some pretty powerful pills for over 20 years. 2mg of Ativan several times a day. I know he needed something, and they definitely helped him, but it wasn’t nearly enough. This entire time he used marijuana regularly. I truly believe it saved us all at times, not just his life.

             He honestly never knew that he could go to the VA for his medical treatment the whole time. But in 2003, after essentially “running his wife off”, in his mind, and trying to work with all the flashbacks he suffered because he couldn’t medicate at work, in my opinion that is, he quit his job at a very small cabinet shop where he sprayed finish. A friend of his talked him into riding with him to an appointment at the VA. So while he was there he saw someone who talked him into checking in to get off alcohol. Unfortunately after he did, the stopped his Ativan cold turkey and he had 2 Grand Mal seizures that resulted in a fall and a fractured skull. He went thru an ordeal, but emerged a recovering alcoholic. He was also off the Ativan, and no other medicine of that nature ever took its place. He even stopped smoking marijuana. For a while. But after returning home, alone, except for me being there with him in the day. He knew he would be drinking in no time if he didn’t at least smoke. The dr. at the VA refused to give him any medicine that was controlled, as she had labeled him from the word go, as a drug seeker. Which was completely untrue. He was self medicated. It was his only choice.

        It took him and my mom some hard work, but they started over in a new place in 2007. He had finally gotten his pension money for a service connected disability that he had suffered for years. And he wanted to buy the woman he loved a nice home for them to start the next chapter in their lives. He never got drunk again. As it turned out he had awesome will power once he was treated for PTSD thru counseling, antidepressants, and mostly “medicinal use marijuana”.

         Not too long after they got in the new place, my dad was surveying the wood on his land on his 4 wheeler, and as he went over a large tree root, the 4 wheeler tilted some and he instinctively threw his leg out to catch himself, and “snap” broke his leg. My mom panicking, of course, got my brother to help, and called 911 to come get him. In all the commotion, it never occurred to anyone to remove a marijuana cigarette from his shirt pocket. After they rushed him to the hospital, and began assessing his injuries, and I’m a little foggy on how, but hospital staff observed the marijuana cigarette, and alerted the law. They came, and charged him with the possession of it. Well he was in the hospital a while, but after he got out, he went to court when his paper said to, and thru confusion, they didn’t have him on the docket or something to that affect, and after thorough checking, my parents went home. Here is where it gets interesting. After someone somewhere somehow really “effed” something up, and charged him with being a fugitive from justice. They never came to arrest him at home, which is where he was confined with a broken leg, instead they called him at home from the VA to tell him his money would stop because he was a fugitive. He asked them how on earth he was a fugitive when they called him at home to tell him this. Well he had to get an expensive lawyer to fight the erroneous charges, which he did when, but not before they stopped his money for several months until it was straightened out.

            So, even after all that, he still kept his appointments, trying now to be treated for the pain he was constantly experiencing as a result of the broken leg and subsequent placement of a steel bar. Well, of course that wasn’t going to happen, after all, he was already branded with “the scarlet label”. Only now, he was under the impression that if he continued to smoke, without admitting himself for another 28 day stay, he may again risk losing his income. That, in my opinion, should be criminal. So, fearing losing his money, again, he slacked of going to the VA. He was in a no win situation. His appointments became fewer and farther between. After all, he had tried to be as compliant as possible while maintaining some sort of tolerable balance between mood stabilizers, anti depressants, whatever ineffective pain med they may send, and his old faithful plant that grows from the ground that God himself put here for us to use.

    Now, here we are to 2012. He had been feeling down, and tired, and must have been in excruciating pain, but didn’t let on too much to us. He was spending more and more time in bed. We at first thought he was depressed, as he had been before. But when he didn’t respond as he normally did, we began to urge him to let us take him to the dr. he refused. He said they would just treat him like he was looking for drugs, and he was so tired of that. Couple more months passed by, and he made himself get up more, but I think it was so we would quit trying to get him to go to the dr.  Well on Friday, July 13, 2012 my mom called me upset saying she couldn’t get him to wake up good, and would I come over and help her make him go to the hospital. So we raced over, and got him up and dressed, and I asked him if I could call an ambulance. He said no. so my mom drove him, and my son and I followed.

          From this point things went really fast. So fast, that it is almost a blur. I want to say that it was around 7:30 pm when the dr. came in and asked my dad if he wanted the news with us in there or if he wanted his privacy. My dad said”just lay it on me”. She said “Mr. Spencer, you have cancer. It is esophageal cancer and has spread to your lungs, your liver, and your lymph nodes.” I’m sorry to say that I am unaware of what she said next, as I quickly turned to step out of his view so he wouldn’t have to see my face as I fell apart. I’ve always been daddy’s girl, and have been by his side for a lot of things. I could not face him for a while after that, as I didn’t want him to be anymore afraid than I knew he must already be. He had always feared cancer. Kind of like he somehow knew that would be what got him. The next few days were filled with sobs and drs. And swollen faces, and family members we hadn’t seen in years. This was really it. I begged them to explain why we couldn’t try to treat it, even though I knew.

      My father, James R. Spencer, who fought in the deadliest war in our history, died on July 18 2012 at 12:16 am. Just 4 and a half days after being diagnosed with stage 4 metastatic esophageal cancer. Think about that as I have had to. He battled unimaginable pain and sickness for god only knows how long without the benefit of modern medicine to at the very least ease some of his pain, and for what? He deserved to be treated like a human being. If for no other reason than he was. But he was a Vietnam War veteran with honorable discharge. Why was he treated like a drug seeker just for being sick with a disease he got BECAUSE he fought for this country?  I am so angry. I cannot for the life of me ever remember hearing of anyone who battled what had to have been years of terminal cancer without so much as the mildest pain pill. He did not deserve to suffer like that. All because of the fear that was instilled in him by the Veterans Administration that he would lose his ability to support his wife and put food on the table once he lost his income because he chose a god given flower to calm his troubled mind, and ease some of his suffering once it was evident that he would not receive adequate treatment from the VA for an illness that he did not bring on himself.

     This was senseless almost manslaughter. I may not be a lawyer, nor am I a dr. but I am a human being, and I am an American. I have just as much right to be heard as anyone else. This country is falling apart. Why won’t government open their eyes to see what they are doing to America’s people?  Can someone out there help me? It is now my life’s mission to spread my father’s story to anyone who will hear, and especially to those who wouldn’t. It is those that are single minded about the subject that have cost me and my children our father and grandfather. maybe someday we can change enough minds to make sure that this Vietnam veteran hero didn’t die in vain!! That thru his story, never again would something like this happen to any American!

       Thank you for your time,

        Cynthia Spencer Mitchell

     CONTINUE READING….

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