News Release
Judge Schedules Emergency Hearing for Richard Hatch, Orders Hatch to Appear
Winner of "Survivor" television show jailed in Barnstable County after criticizing his prosecution for tax offenses.
FOR IMMEDIATE RELEASE
September 11, 2009
CONTACT:
Christopher Ott, Communications Director, 617-482-3170 x322, cott@aclum.org
BOSTON -- Judge Nathaniel M. Gorton has scheduled an emergency hearing for Monday, September 14, 2009, at 10:30am, to respond to the habeas petition filed Wednesday by the American Civil Liberties Union of Massachusetts for the release of Richard Hatch. Mr. Hatch gained notoriety for having won the first season of the television show "Survivor," and for the legal battle regarding his taxes that ensued. Police recently jailed him in Barnstable County for "unauthorized contact with the public."
WHAT:
Emergency hearing on petition for release of Richard Hatch, in Hatch v. Lappin et al.
WHEN:
Monday, September 14, 2009, 10:30am
WHERE:
John Joseph Moakley Courthouse, Courtroom 4
1 Courthouse Way
Boston, Mass.
While serving his sentence under home confinement in Rhode Island, Mr. Hatch conducted three television interviews, including one with the Today Show, during which he stated his opinion that he was prosecuted, in part, because of his sexual orientation (Mr. Hatch is gay) and his TV notoriety. The day after the interview, the prosecutor on his case called in to a radio station and said on the show that Mr. Hatch was "delusional" and his theories "ludicrous." Mr. Hatch then called in to the radio show to defend himself against the prosecutor's comments.
The day after the radio show aired, the Bureau of Prisons had Mr. Hatch taken into custody in his home and placed him in solitary confinement at Barnstable County Jail, as punishment for what they say was "unauthorized contact with the public."
"The First Amendment protects people's right to publicly criticize the government -- even when they are incarcerated or serving a sentence. The Supreme Court has held that security needs inside a prison may justify limitations on media access, but those security concerns did not apply to Mr. Hatch while at his home," said Laura Rótolo, a staff attorney with the ACLU of Massachusetts.
"Our Constitution protects a marketplace of ideas, in which individuals can criticize public officials, and in which members of the public can form their own opinions about what is true and what is false," said Carol Rose, executive director of the ACLU of Massachusetts. "The arrest and jailing of Mr. Hatch following his recent interviews suggest that he is being punished for comments that he had every right to make."
The ACLU’s habeas corpus petition argues that the government had no right to re-imprison Mr. Hatch, and that doing so violated his First Amendment rights.
Mr. Hatch is represented by attorneys at the ACLU of Massachusetts and cooperating counsel Michael Schneider and Ryan Schiff of the law firm Salsberg & Schneider.
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