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Update: Hatch entitled to hearing after return to jail

12:18 PM Wed, Aug 19, 2009 |
Kate Bramson    Email

Survivor star and convicted tax cheat Richard Hatch is entitled to a hearing in the Massachusetts jail where he has been held since Tuesday afternoon, hours after appearing on national TV and then on local radio and TV broadcasts while he was on home confinement.

The U.S. Bureau of Prisons has refused to say why Hatch was taken into custody and to the Barnstable County Correctional Facility in Bourne, Mass. However, prison spokeswoman Traci Billingsley did say that failing to follow established policies for that home confinement is one reason someone still in the federal system's custody could land back in jail.

Hatch had permission for the first television interview that aired Tuesday morning. NBC's Today Show co-host Matt Lauer sat with Hatch in his Newport yard for an interview in which Hatch said he was discriminated against in his federal trial because he is gay.

What's not clear is whether Hatch had permission for a number of interviews that followed, including one that aired on Access Hollywood after he was taken into custody Tuesday but had obviously been filmed beforehand.

Hatch appeared on WPRO 630 AM with talk show host John DePetro Tuesday morning, responding to statements made on that show by Rhode Island's former U.S. Attorney, Robert Clark Corrente, whose office prosecuted Hatch.

Billingsley stressed that although Hatch had been on home confinement, he is still serving a federal prison sentence, which doesn't expire until Oct. 7.

Both a representative of the jail itself and Hatch's lawyer say they do not know why the Newport resident is behind bars. In addition, the U.S. Attorney's Office in Providence, the office that prosecuted Hatch, does not know what landed Hatch back in jail.

Hatch's home confinement is part of his federal prison sentence for tax evasion, according to Billingsley. She refused to say why Hatch would have been brought back into jail, citing "privacy concerns."

In Providence Wednesday, the chief U.S. probation officer here offered some insight on what's next for Hatch. The hearing in the Bourne facility to which Hatch is entitled must take place within 72 hours of when he was taken into custody, according to Barry Weiner. It would not be open to the public, Weiner said.

The facility staff who conduct the hearing must then send a report to the U.S. Bureau of Prisons with their recommendation for what should happen next, Weiner said.

The options for Hatch are: a return to home confinement, a stay through Oct. 7 at the Bourne facility, a transfer to another federal facility to complete his sentence or an extension of his sentence because that October date included time waived for good behavior, Weiner said.

In general, Billingsley said inmates may be returned to some form of custody from home confinement for a variety of reasons, including a failure to follow established policies or procedures, engaging in criminal activity and demonstrating a need for general restrictions. She would not discuss the terms of Hatch's home confinement. As for whether Hatch would now remain behind bars until that October end date for his sentence, Billingsley said she "could not speculate."

"I have no way of speculating whether he would be returned to some type of community confinement," she said.

Wednesday morning, a spokesman for the Barnstable facility said the jail has a contract with the federal government to hold their prisoners. The federal prison system is the only one that can answer why Hatch is being held, spokesman Roy Lyons told The Providence Journal.

"He's obviously violated some sort of condition of his house-arrest situation with them, but I don't know what it was," Lyons said.

Lyons said he does not know how long Hatch may be held at the Bourne facility.

The Today show stressed on Wednesday, as it aired a segment about Hatch for the second day in a row, that Hatch told the show he had permission from the U.S. Department of Corrections to do the interview with NBC. Hatch's sister, Kristin Hatch of Newport, also appeared on the Today show Wednesday, saying her brother understood he was "all set" to do the interview.

In an interview on the Today show Wednesday morning, Hatch's lawyer said she doesn't know why he's behind bars.

"I'm waiting to hear," lawyer Cynthia Ribas told Lauer. "I'm troubled that I haven't heard, at this late date, anything. I did reach one of the sheriffs, but she was grocery shopping last night and said she couldn't talk to me."

During his appearance on the Today show, Hatch said he received an unfair trial in Providence in 2006 because the federal judge, Ernest C. Torres, prohibited Hatch's lawyer from polling the jury about their feelings on homosexuality. Hatch is gay. Hatch was convicted of not paying taxes on the $1 million he received for winning the debut season of the Survivor show.

Corrente minced few words reacting to Hatch's charge Tuesday morning:

"The guy is delusional."

Extra: Watch Hatch's appearance on Today Tuesday.

This story was originally published at 7:58 a.m. and was updated at 8:47 a.m. and 10:09 a.m.

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Comments

clevesteve said:

I am not a huge fan of Mr. Hatch. That being said I am concerned that our rights as Americans. We have slowly seen our country change from a open and democratic society, to something darker and more sinister. It is one thing to strengthen our borders and to be more vigilant of the threat of terrorism. We should have been far more sensitive to security prior to 9/11.
Yet we now are faced with a government set on a new direction. Has anybody reviewed the spiked increase in audits by the IRS? Has anyone compared those audits with whom you align yourself politically? How about the recent concern of Whitehouse list of e-mails, No one has answered this correctly. I am one who never contacted the Whitehouse yet David Axelrod sends me e-mails from the Whitehouse defending the programs. How did they get my e-mail? You can probably guess that I am no longer a fan. I am a register Republican, have been for 30 years of my voting history. I am now thinking of voting the new Moderate party because of the lack of diligence in our states representatives. I for one thought that President Obama may have been the right direction for this country, He said change. Little did we imagine how dangerous this change may be. I am now concerned that we have taken the Chicago machine national. Please Mr. Federal prosecutor explain why Mr. Hatch was placed back in detention. What did he say that caused you concern. We have the right to know what we have been charged with. Please be aware that we the silent majority are no longer being silent.



bjs said:

This smells of nothing more than a power play. Whether you like the guy or not, agree with him or not, he is entitled to his opinions and beliefs, even about how he was treated. He's not hurting anyone. We have politicians who are much worse who are perfectly free to not only run their mouths, but our government as well. Just leave the guy alone.



Conrad Hawes said:

Regardless if it's Mr. Hatch or not I can't understand how one could be taken to jail with his or her lawyer being excluded from both ascertain of the charge and not being allowed to see her client.
Could the interview not have been held via television hookup?.



Elizabeth said:

Clevesteve -- Did you really just make the leap from a former Survivor star and convicted tax cheat being in custody to your conclusion that the Obama-Chicago power axis is set to ruin U.S. democracy? Time to step back, man! Facts, not fear - my new mantra.



Buggy said:

It's none of our business why he was a jailed. Clevesteve, why do you think you have a right to know? He's a citizen just like the rest of us. I know that if I was arrested I wouldn't want it in the news as to why. He has a right to his privacy.



JD said:

The interview with the Today show was not the problem. It was his trip to WPRO to be on the radio that got him in trouble. He violated the terms of his home confinement so they revoked it.



bob North Smithfield said:

Whenever the government decides when you "need government permission" speak out is very troubling to me.

Not even Cheney, in his craziest days would condone such nonsense.

Some rules, even though they are on the books, are simply un-American.

I thought our prisons were already over-crowded with REAL prisoners.



john dillinger said:

Hatch wants publicity, he's getting it, from inside the slammer where he belongs..

Oh, thought that th million was tax free? And he still believes in the tooth fairy and Santa.

he's ok, it's the rest of the the world that's nuts.



Cattie said:

Not a big Rich Hatch fan either. He's a bit too full of himself for me. But, I think he's right this time around. If you believe him or his lawyer, they received the go ahead for the Today Show interview from the powers that be within the Bureau of Prisions. The interview was held at the Newport home where he is confined. I believe the WPRO interview was by telephone from this same location. So, why do the feds want him incarcerated???? Does he need permission to talk on the phone?????



Don Moore said:

He should be sent back to federal prison to serve the remainder of his sentence. It is unfortunate that we are once again subjected to his lies. His conviction was based on the fact that he did not report his winnings from "Survivor" and other sources. We all have to pay our federal taxes, and is applicable to most Americans. It does not matter what your sexual orientation. Hatch owes hundreds thousands of dollars to the IRS, and he is trying desperatley to reverse what 12 good taxpaying citizens decided. The man needs mental health care as one prosecutor suggested he get while he was in prison and obviously did not.



Kenny from North Providence said:

To those of you who think He Richard Hatch has the right to talk about anything he wants while on Home Conefinement is wrong.YOU ARE still serving a sentence.He does have to ask permision for anything he does.No,you dont have rights while serving a sentence.



Joe said:

Does this moron think that if you're gay you don't have to pay your taxes?



survivorfan said:

There are criminals running around everywhere, domestic violence victims that continue to be victimized, yet the government needs to get "bad-ass" Richard Hatch off the streets? He certainly is harming lots of people -- NOT. Gangs, sex offenders - let them roam the streets, but Richard Hatch? Jail him. Leave the man alone and let his 9 years of fame fade already.



Pete B said:

Next to Vinnie Paz, this dolt is the biggest embarrassment to come out of Rhode Island in a long time. Please, go far, far away. And keep your clothes on too!



leo777 said:

HATCH is in jail for a reason.
HE has a problem,he didn't pay
his taxes.what does he expect.
People who found him not doing the
right thing put him in jail.
Pay your taxes next time,end of story.



jon lozata said:

Good ole new england , i almost forgot how opinionated this part of the country is but with some of these comments reminds me very fast.Who cares gay or not , he has to pay taxes and he like many of americans do and did cheat uncle sam . I actually know richard and yea he is arogant and cocky but he sacrificed alot to be on the show and he deserves his million he earned it.He did better than a hetrosexual could. KUDOS to richard .....and as far as the comment about rich needs mental health lol , if thats the case then would he have to pay taxes ? Go rich go the more publicty the more millions you'll make but be sure to pay your taxes this time ....



John from Woonsocket said:

I am no Hatch fan! It bothers me that he could be detained without legal representation and no explaination.

I really don't understand why Hatch couldn't wait until his release in about 45 days. What was his big hurry to do all these interview NOW.



irishted said:

From everything I know, he didn't go to WPRO, he called them from his home, so he was still at home on confinement.



Possum said:

Why the uproar? It appears that Hatch violated the terms of his probation. So back to the slammer he goes. Being gay does not entitle him to do as he pleases. And to the person who said that Hatch and Vinny Paz are the biggest embarrassments to come out of this state, I say to you... have you forgotten the exploits of little Patty Kennedy - our infamous Rep'?



Joe Bag O' Doughnuts said:

This is nothing more than payback for Hatch speaking his mind.

It's all about control and power... They pulled him back into prison for no other reason that the fact that could. They didn't like what he had to say so they yanked him back in.

It's painfully obvious...

The America that we knew and loved is gone. Free speech is dead. BEWARE!



alie said:

Let him talk, he will bury himself if he is wrong. At this point it appears that the Feds and prison officials have A LOT to hide. NBC dig into and give us justice. Just like the US man who had his child stolen to Brazil, this stuff is important for the media to cover. Let him out becasue he could earn money for the IRS. Sitting around does nothing.. oops except keep a gay man off the streets in RI. Just like Anchorage, Alaska news today, there are communities who do not recognize rights of gay people. Is this community one. Tell the world what the policy for gay folks are? Like Alaska or equaility for all. 4 years for tax evasion on a million dollars.. Seems like a lot!!



bebe said:

Excuse me a Judge commenting on a US citizen? Let Hatch talk and tell us how corrupt the legal system is and make these people accountability instead of hiding behind his robe. Judge tell us what you think and Richard should be able to tell the public what he thinks!!! What is wrong with that?

4 years for not paying taxes on a million dollars? Vick killed a bunch of dogs and didn't pay taxes and now he is back making multi millions? What is wrong with this picture?



bea said:

Hey Leo Michael Vick didnt pay taxes and he is back making millions. Let Hatch out, earn money to pay for you folks. Let him talk---sounds like folks are terrified of being named!!!! What is RI policies on gays--bet it is like Anchorage, Alaska today!



bea said:

Seems like some lawyers, cops and Judges seem a little afraid of the medai circus they just created themselves. Talk to the media Richard, make a bunch and put your taxes back. What comes around goes around..... Let's hear about the violation of the First Ammendment up there!!

Alaska



limo rental said:

Richard hatched re-arrested... nothing special news it just a drama of Richard.



Rick Kyle said:

Leave him alone, he is Newports number one son and their claim to fame




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