Bernath v. Sanity
We last updated you on the doings of Daniel A. Bernath in January and events yesterday demand an update. He was brought into Chesapeake, Virginia on five charges of violating protective orders that the court had awarded Mr and Mrs Don Shipley. Three of the charges were dropped because the Shipleys were unable to find the evidence against Bernath in their mountain of evidence. Two charges stuck, though;
365 days in jail was the sentence.
He was in jail for a bit yesterday, but he since he appealed the decision, he’s out on the street – kicking the inevitable can down the road.
According to witnesses in the courtroom, Bernath thought he was the smartest person in the room and he didn’t bother to warn his own lawyer about the evidence against him, so there was no real defense. Bernath thought that he could sow the seeds of reasonable doubt that the emails he sent to the Shipleys weren’t from him. Then he tried to convince the judge that he wasn’t in command of all of his faculties – blaming Agent Orange and his combat service in the waters off of the coast of Vietnam. It didn’t work.
Before you comment, remember that this case is going to appeal and I remind you that most of our legal troubles stem from comments on the blog, not the material we publish. If your comment disappears, it’s because I didn’t want to hear it read to me in a courtroom.
Also, on March 20th, Florida court gave him fourteen days to file an amended complaint against us. I’m not sure what the result of that was, but here’s the court’s decision on his second complaint.
Next up in court, is Joseph Cryer for when he assaulted Mrs. Shipley in Maryland;
Added; Yesterday’s mugshot;
Category: Bernath
I’ll just stick with what mom always told me: ‘If you can’t say anything nice don’t say anything at all to the fucker.’
Gotta love Moms
That’s funny. I read it earlier and didn’t read it all, being well familiar with that advice–or so I thought. The second time around I actually read it through. Thanks for the laugh.
Thanks for the update. Always curious about the goings on and amazed at what the courts tolerate.
Whatever is written cannot be unwritten. Thanks for the update on the case with more legs than a centipede.
“The Moving Finger writes; and, having writ,
Moves on: nor all thy Piety nor Wit
Shall lure it back to cancel half a Line,
Nor all thy Tears wash out a Word of it.”
Omar Khayyam
Word. Was that another name for Tupac Shakur or Biggie Smalls?
Took him 30 words to say what I did in six. Freakin’ poets.
As my wife would say, “bless his little heeaarrrtttt…”…
Thanks to an stern injection of Southern Manners I was thinking the same thing.
I do wish the Shipley’s had kept their evidence organized a bit better. But with the quantity evidently involved, I can see how it could become challenging.
Would not have mattered, Graybeard. He was catchin’ time whether it was one vio or five.
Would he have caught more time with more proven violations?
That’s what I was hoping, anyway. Get 365, consecutive, for each violation and pretty soon he gets to stay off the street for a long stretch.
Nah. He got all he was going to get or he would have gotten 365 X 2. The 365 is the most he could receive for the misdemeanor conviction and, quite frankly, I am absolutely amazed he got that. I tried to find the magistrate’s name but it’s not listed.
IIRC, it’s the same judge who issued the RO in the first place.
You think a (former) officer of the court would know it’s a really shitty idea to piss off a judge.
But he’s made quite the habit of doing just that in a number of jurisdictions.
He has control and anger management issues. If things don’t go his way, he would attempt to “force his way”, we’ve seen that since he came to our attention. This has driven him to do things like what he is accused of doing above, of bullying another judge at an elevator, and basically driving himself into the ground administering revenge and exerting control.
His appeal, to avoid suffering the consequences of his actions, is yet another result of his control and anger issues.
OK, no harm, no foul then, I guess.
Too bad he could not get more. I’ve a feeling that the judge would gladly have done it. And I suspect his defense lawyer has a story now to tell around the lawyer’s bar that will never cease to amaze.
Typically, a year is the max one will do on a misdemeanor.
A year and a day, OTOH, and you’re in felony territory, which comes with a whole new slew of restrictions, including not being able to own a firearm, etc…
It played out as I thought it would… he had to show everyone on the courtroom that he was the “sharpest tool in the tool shed” and it “impressed” all present.
I’m guessing that his attorney wasn’t real happy with Dan’s behavior in court and is probably his former defense attorney as of this morning.
” the “sharpest tool in the tool shed” ”
The sharpest hammer, maybe. Just as useful, too.
This guy is a real piece of work.
Piece of something for sure.
A steaming pile of Phil Monkress.
He gone full retard/potato!
Amazin’. Simply amazin’.
I almost feel sorry for him. Obviously, he has problems. He’s gone to the point where he probably believes his own lies. I’m surprised the courts have been so lenient. I don’t get it.
While I wish no man any ill, there a some obituaries I would be happy to read.
I lost whatever sympathy I had for him as a fellow veteran and an elderly person as soon as I read his history after his exposure.
He is a manipulative liar who used his licence and knowledge of the legal system to target and bully people who call him out.
He is the equivalent of the 6 foot 3 inch 230 High School football player who steals Freshman’s Lunch money, only he does it with lawsuits and supeonas and bogus ROs.
Let’s also not forget his past deeds of telling others in his past to cough up $600 or he would sue.
And I just asked about him on another page.
Too bad he didn’t have to wait out the appeal in jail. I am still very worried about Mr & Mrs SEAL Team because not only is Bernath off his nut, we all know that others are way off their nuts too.
So stay safe you two.
We love you and best of all, we respect you.
Oh, he had to post 20,000 dollar bond to get out. I figure he had to pay a bondsman to put that up, so hes out of about 2 grand.
Ohhhh…that’s nice
And can he leave the state?
Depends on the bail conditions set by the judge.
Given Bernath’s residence in FL, I’d doubt that, but I’m sure the judge put no contact in any way, shape, or form with the Shipleys.
I bet he’ll pay that back like he’s paid off the Judgements against him from the Yelp Case and The California Bar fines.
The way I understand it the Bond Company puts up the bail, and just like when a persons puts up their own bond, the court returns the money when the defendant returns to court.
Bond companies exist because most people cannot cover the full amount of a bond. The person wanting bail will pay a fee to the bond company to put the full bond up. Usually its about 10%. Not sure exactly how it works out but the Bond company will keep most or all of this money as a fee.
If Berdscum skips out and doesn’t appear then the Bond company will be out of 20,000 bucks until he is apprehended.
That is why the occupation of Bond Bounty Hunters exist. They will hunt piss bag boy down and drag his ass back to chesapeake jail and get the 20K back.
Made my morning. And it’s wet, wet, wet, in Houston.
What is it about income tax day here? I think God is telling us that since He gave us a state without state income tax, we should not pay Federal tax either. I’ll be sure to tell you how that works with the IRS. After I get out.
I was thinking along those lines. Floods last year on Tax Day and this year as well. In the woods north of y’all we have a few drizzles, so far, but that’s all.
Avoid the underpasses and low ground.
Sounds reasonable to me!
Is this guy stealing valor with his Vietnam War claim?
I believe the original post on Military Phonies shows his real record of assignments.
Yef,
Rundown of Berntass’s Stolen Valor. He came on the skyline in Dec 2013. He had posted up an image of his mug photo shopped on the shoulders of PH-1 John Sheppard ( RIP), a fellow navy photographer who had called him out for taking credit for pictures he had taken.
Berdterd had also drawn on a Chief’s Rocker on the rank and claimed he was made an Honorary CPO by the Navy Photographers Association.
While a slap in the face to Sr Enlisted, his SV was but a drop in the bucket compared to most claims.
Once exposed he went full retard.
Over 3 years, scores of lawsuits and thousands of Emails, blog entries, phone calls and videos later, this is coming to a head.
Bernath is living, breathing proof that Stolen Valor is just the rancid cherry on top of the shit sundae.
SEA is absolutely right, Yef. The person mentioned and pictured at the top of this thread was also soundly denied admission to The Oregon Bar for a list of reasons you can see here:
http://www.publications.ojd.state.or.us/docs/S44863.htm
And is disbarred in California. http://members.calbar.ca.gov/fal/Member/Detail/116636
But he is still a member in good standing with the Radio Shack Battery Of The Month Club, right?
My lips are zipped. 🙂
I’m just amazed things have gone on this long. Good luck with the furtherance and final justice being given where it is deserved.
WOW… Just, WOW!
hahahaha this is exactly what I was going to write.
Well, this comes as a major surprise!
With respect to Jonn’s observation regarding comments, he is spot on, “most of our legal troubles stem from comments on the blog, not the material we publish”.
Those piling on and not doing the hard work shouldn’t pretend to be major league player while swinging a whiffle ball bat!
In other words, don’t screw loose women with Jonn’s dick please. You might enjoy it, but he’ll be the one with herpes or worse.
Exactly … and me too.
Fascinating
No comment
The wheels of justice turn slowly….
But at least they turn. MD, VA, MO, FL, and God only knows where else he’ll end up being hauled into court because of his actions.
Three and a half years of this shit. Jonn, you and TSO have the patience of saints.
What date is set for the appeal?
The Commonwealth of VA has online district and circuit ct information online at no charge. He steps up to circuit on this appeal and when it is docketed, I have no doubt we’ll hear.
Thanks.
What a lovely photo.
Really.
Very nice.
Picture worth a thousand words they say. Word.
Isn’t that the old one? Is there a new one?
Looks like the booking picture from December when he was arrested
It seems far too easy for a person like Bernath to remain free and continue foolish behaviors. If that were limited to the annoying and frustrating types, then well and good, but it extends to murderers, rapists, molesters, and thieves.
Maybe BurntNuts can educate us in the dispersal patter of Agent Orange. Reaches way out to Sea. Did not know. Learn something everyday.
I have CRS real bad so I may be wrong. I think I read awhile back that he claimed the AO was on the ship that he was on so that’s how he got it. But, research had been conducted and that ship never had AO on it.
Pisses me and others that actually had the shit sprayed in our area and walked through areas that had been sprayed.
Not to mention that we drank the water from streams and canals that contained the Agent orange runoff. And you can bet that our Halazone water purification tablets didn’t do anything to mitigate the harmful effects.
I’ve had serious, non-diabetic, peripheral neuropathy for years, probably related to AO exposure, to the extent that I have to heavily medicate for it. I paid for it myself until I got Medicare because I didn’t want to have anything to do with the VA system.
Even Fort Drum has AO contamination in the training area. (Army secrets)
Agreed. Good buddy had a tumor removed that the Doc’s said was AO related. Small and benign, lucky one. Going strong 10yrs now. Said the stuff was sprayed all over in Nam. Many times when they were sleeping out in the field.
Bernath DID actually set foot on Vietnamese soil when he traveled there a couple of years ago but he didn’t when AO was actively being sprayed there.
I look forward to the trove of fun emails which will soon emanate from the swamp of fun that is the mind of a certain Mr. Stone.
By the way, the continued use of that photo of the protagonist of this adventure is encouraged.
Hack is at the terminal now of a Middle Eastern airport. Sadly, the flight will have one empty seat, which was supposed to contain the firm buttocks of a pedigreed woman/former K Street lobbyist/president of a proud woman owned business. But as we all know by now, the rescue attempt of Elaine Ricci did not succeed. Expect an After Action Report this weekend.
They have coconuts and drywall screws in the Middle East?
Maybe next time you could enlist the services of Jay Kerwyn who could inflict “Death by Richard Simmons Aerobics” on any opposing forces?
Should have used “The Stunning Agency” for the rescue attempt…
They provided us the predeployment training camp. He had us planting orange seeds and driving steaks into the ground. It would have been better to eat those steaks, but I am not a survival expert, so WTF do I know? The worst part is that I have PETA crawling up my ass for utilizing flaming squirrels as a signaling device.
What boggles my mind is the amount of time and tax dollars that go in to this guys complaints. I hope when it is all said and done the DRC players have to pay court costs and such back. Just reading the March 20th decision from FL gave me a headache from all the twist and turns he took. Sorry you all had to go through this crap for people that had no respect for our uniform and now are too proud and/or dumb to go silently in to the night…
When nothing else needs be said about anyone or their particular chosen path, I’m go to Jefferson here….
Truth can stand by itself.
The truth is being revealed as it should be.
That mug shot, a picture says a thousand words.
So correct me if I’m wrong here. When Bernath’s stolen valor was initially outed, if he had simply owned up to it, apologized, and then slunk away, this would have been basically forgotten and everyone would have gone on with their lives.
Instead, he turned it into an insane vendetta, and as a result has extended his 15 minutes of internet infamy indefinitely, destroyed his own legal career, and is now going to jail.
That about sum it up?
Way to think it out, Dan. Good plan.
Yup, that pretty much nails it. He’s had numerous opportunities along the way to de-escalate matters and let everything fade into the past – but in almost every instance, he has chosen to escalate instead. This strategy has not worked out well for him.
You neglected to mention his continuing efforts to identify Hondo. I don’t know what logic they use in deciding who they will harass this week for being identified as Hondo, but those unlucky recipients have the pleasure of Bernath doing what Bernath does to him, his family and coworkers. I sure would like to hear that a few of the victims that Bernath has misidentified as Hondo have filed civil and criminal complaints against him. And Bernath being Bernath, he attacked the Shipleys for no reason. Shipley never got into the fray of Bernath not being an Honorary CPO, and even when Bernath started his shit, Shipley just ignored him, until finally Bernath crossed the line. And if you have the intestinal fortitude to wade hip deep through shit, reading the evidence that Bernath filed in his suit, he was suing Shipley for wearing a toupee. This guy has more issues than Nation Geographic.
Just look at the number of innocent Men he and his cohorts have falsely accused of being me, they have accused more than one at the same time in at least one instance.
It all started with the DRC trifecta; money, brains, and muscle. Unfortunately amongst themselves they couldn’t figure out that the money couldn’t afford to replace his mail box, the brains couldn’t sting together a cohesive legal argument, and the muscle never seemed to cometh despite all of his promises. I see a similar future for the other two.
And the saga continues
At least he combed his hair for court this time.
For a rainy day activity fun for adults and kids, print up his booking photo and play connect the dots with his liver spots.
You know what’s missing from that picture? Witty words on the top and on the bottom.
Interesting.
Pleasantly surprised to see that it was not a suspended sentence, which is what I was expecting….
Oh Danny, if you’re going for the homeless look, you’ve nailed it! Best wishes for your future endeavors in the criminal justice system.
Do they have Battery of the Month club on the inside?
I’m just worried that this conviction may jeopardize his standing with the Radio Shack Battery Of The Month Club. And if he does a year, who will vacuum the coils of his refrigerator each month.
At least the pallets of potting soil in front of discount stores will now be safe from the front of his car.
I almost choked on my drink with this section of the thread!
Sounds like you have grounds for a lawsuit. I know someone that would be happy to represent you, but it looks like he has other plans for the next year.
[…] Jim!) The Political Hat: Glaciers Are People Too This Ain’t Hell: HuffPo Gets Punked, also, Bernath v. Sanity War Is Boring: Why Can’t Aung San Suu Kyi End Burma’s Brutal Counterinsurgency? Weasel […]
First thoughts -That mug shot is AWESOME….and my kids are sending letters to Santa next yr.
I thought he was going to faint when the Judge passed sentence.
You got to watch the legal theater?
Lucky!
/I’m jealous.
Just wondering if the judge or the prosecutor was female?
Oh, that would be SWEET!
Say what you will, but he will always be my go-to guy for notary services and battery (electric) expertise. I think you’ve almost got them where you want them, Dan. But you might want to pack a lunch, just in case. I mean, those disbarment proceedings didn’t go exactly as you had planned, did they. Ouch!
He’s got a real purtty mouth.
wtf if you appeal you are simply just let out of jail now?
May I say Karma will bite you in the behind
That will be the only thing happening to his behind…can’t see Bubba, Thor and the cell block butt bandits finding his rump too inviting…not if that face is a hint…he drops trou and they all pass out
He is enough to make a jailbird go straight. They will still fuck him, but it will be a grudge fuck, not the man on romance that Daniel would prefer.
Hope that old poser fool gets his in jail.
He’ll run the library or raise pigeons…not exactly pin-up material
He might end up attempting to buy “Protection” to the tune of all of his desserts plus $10 a week.
I heard from a little birdie that in one last bit of theatrics as he left court he let a catheter bag fall out of his back pocket.
There are always times to fight what one considers an injustice as long as you are willing to pay the price. (I am involved in a free speech case right now against a local government.)
However, restraining orders and order of protection are never a good place to make a stand. Judges hate that you disrespect them and their office and it never goes well after that.
The time and place to fight such orders is in a courtroom, and not take the losing position that you are “special” and the rules and laws don’t apply to you.
This was stupid – absolutely stupid – on Bernath’s part. His disdain for the legal system is catching up to him and rightfully so.
Cryer assaulted Mama Shipley? And he’s still alive?
I’ve never heard of/known Senior Chief Shipley tapping his inner Ghandi, but that’s the only explanation I can come up with.
Now to figure out how Mrs. Shipley didn’t wind up punching his ticket. 😉
That amazes me too, shark.
Suffice to say Don is pretty fucking smart for a Boatswain’s Mate. And another with the patience of a saint.
The assault in question was throwing some of Berdterd’s “legal summons” at her.
If he would have actually put his hands on her it would have been on like donkey kong.
I have no doubts re: ‘Donkey Kong’.
‘…pretty fucking smart for a Boatswain’s Mate.’
I don’t know.
I seem to recall long ago (recruit training) guys who had close friends or relatives with USN service explaining they were going BM in The Fleet ‘because that’s the fastest way to make Chief’. Seemed smart to me for a recruit who wanted to make Chief ASAP.
The Fleet just wasn’t for me. It takes a special type to be a long-term ‘happy’ Fleet Sailor.
I wonder how soon Cryer and SoMeOnE ElsE get their days in Court followed by dates with Bubba & Thor?
Without doubt, the spouse, neighbors and community will be grateful to see him “out of town” for a protracted period.
Bubba, Thor, Julio, Akeem, Tiny, and others might give him this new nick name after his indoctrination: Burned Ass. In cases of formality, “the Burned Ass” added to his last name.
I got nuffin to say….