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Richard Hatch maintains his innocence

Gay ‘Survivor’ winner sees judicial system as ‘corrupt’



Richard Hatch

‘Survivor’ Richard Hatch is out of prison again and still maintains his innocence against tax evasion charges. (Photo courtesy Richard Hatch)

Richard Hatch became the first winner of the hit CBS show “Survivor” in 2000, but in the 11 years since, he’s had to survive more than backstabbing teammates, physical challenges and meals consisting of insects.

In 2006, Hatch, who is gay, was sentenced by a judge in Rhode Island to 51 months in federal prison on tax evasion charges, and was freed on probation in 2009. Prosecutors argued that Hatch failed to report his $1 million in winnings from “Survivor,” and money from subsequent public appearances. Hatch denied all charges. Earlier this year he was back in prison on charges of violating his parole after prosecutors claimed the 50-year-old reality TV star failed to re-file his 2000 federal income tax returns, a charge that Hatch denies.

“The prosecutor in this case is nothing short of a bully, and what I’ve been subjected to is nothing short of institutionalized bullying by the prosecutors, the probation department and the judge involved,” Hatch told the Blade just days after his Dec. 12 release from prison. “That’s provable, that’s observable by any objective viewers.”

“I’m absolutely innocent and have been since day one,” Hatch insisted.

Since winning “Survivor,” Hatch has been in and out of legal trouble, including a short arrest in 2009 as a result of granting several interviews with media outlets that were seen as a violation of the terms of his probation. Since his legal woes began in 2005, Hatch has maintained he never intentionally broke the law.

“It’s 2011 and they haven’t yet determined if something is owed for 2000,” Hatch told the Blade. “And all the prosecutor has done is prevented us from getting to the truth by lying to the court and claiming that my arguments aren’t valid when the IRS agents have verified everything I’ve claimed all along from day one.”

He continued, “They convicted me of attempting to evade taxes in 2006 that to this day have never been determined to be due,” Hatch said. “I filed that return in 2002 at the instruction and direction of the IRS using the numbers that they told me to use, I’ve been working with them through a tax attorney and a CPA ever since, and they have yet to complete the assessment for that year, 11 years later now.”

Hatch says he’s fully complied with the terms of his probation.

“When I was on probation, ‘Survivor’ created a show for me this ‘Redemption Island’ they invited me back to face Russell [Hantz],” Hatch told the Blade. “I’d completed my entire sentence, was on probation, perfectly compliant with anything and everything they ever asked, and probation fought the return of my passport, and prevented me, basically, from going on ‘Survivor.’”

“That’s twice now that I’ve been invited and they’ve refused to give me my passport while hypocritically lying, claiming I owe taxes — which I don’t — and arguing with the court that I’m refusing to pay them,” he continued. “So they’re blocking my ability to earn an income, and at the same time telling the court that I won’t pay. And none of it’s true.”

Hatch said that his jail time is the result of bias.

“I’ve learned how absurd these courts are. The original judge, who was biased against me, and held off his retirement to hear the case because he’d been admonished in an earlier case of mine for overstepping his bounds, he should have recused himself and didn’t — [Earnest C.] Torres — and this current judge, his mentee, his protege, William Smith, know so little about taxes they just don’t care. They listen to the prosecutor’s lies, and do whatever they tell them to do.”

“That in itself is reprehensible,” he added.

Hatch declined to answer questions about whether he’s found a job and a place to live after several media reports claimed that Hatch was homeless after his stint in prison.

“It’s just nobody’s business where I’m living and what I’m doing. I have much on my plate, I have some really fascinating opportunities that I’m working on. I’m not interested in talking about it.”

When asked whether he is homeless, Hatch replied, “Again, report whatever you’d like, I’ll give you the same answer, I don’t know where I’m staying.”

Hatch views the American justice system as deeply flawed.

“It’s not just because of my notoriety. It’s mostly because of my unconventionality, part of which is because I’m gay.”

Hatch said that unconventional people like himself — gay people, women, and African Americans — are unfairly targeted and “bullied” by a broken justice system.

“When you have people who want to take advantage of you, abuse you, persecute you, continue to feed the media caricature of this negative image, just because I’m an unconventional guy, that’s what they’ll do.”

Hatch said that the homophobia he claims he faced during his ordeal was not in prison, but in the court system.

“In prison I didn’t face anything significant that’s worth talking about as far as negativity from my peers,” he said. “I faced the same variety of subtle indignities that are brought by people in positions of power who don’t respect those positions and are insecure and otherwise mentally ill. And do things to abuse people who aren’t able to defend themselves.”



Gay journalist murdered inside Philadelphia home

Josh Kruger’s death has left city ‘shocked and saddened’



Josh Kruger with his cat Mason (Photo courtesy of Josh Kruger's Facebook page)

An openly gay journalist was shot to death in his Point Breeze neighborhood home in the 2300 block of Watkins Street in South Philadelphia early Monday morning.

According to Officer Shawn Ritchie, a spokesperson for the Philadelphia Police Department, 39-year-old Josh Kruger was shot at about 1:30 a.m. and collapsed in the street after seeking help. Kruger was transported to Penn Presbyterian Hospital where he was pronounced dead at 2:13 a.m.

Police said that Kruger was shot seven times throughout the chest and abdomen and that no weapons were recovered nor have any arrests been made. Homicides investigators noted that there was no sign of forced entry and the motive remains unclear.

Philadelphia District Attorney Larry Krasner said in a statement:

“Josh Kruger lifted up the most vulnerable and stigmatized people in our communities — particularly unhoused people living with addiction. As an openly queer writer who wrote about his own journey surviving substance use disorder and homelessness, it was encouraging to see Josh join the Kenney administration as a spokesperson for the Office of Homeless Services.

Josh deserved to write the ending of his personal story. As with all homicides, we will be in close contact with the Philadelphia police as they work to identify the person or persons responsible so that they can be held to account in a court of law. I extend my deepest condolences to Josh’s loved ones and to all those mourning this loss.”

WHYY reported Kruger had written extensively with bylines in multiple publications, including the Philadelphia Inquirer, Philadelphia Magazine, the Philadelphia Citizen, WHYY, and Billy Penn.

CBS News reported that Kruger overcame homelessness and addiction to work for five years in city government, handling Mayor Jim Kenney’s social media and serving as the communications director for the city’s Office of Homeless Services.

He left city government in 2021 to return to journalism, according to his website.

“He was more than just a journalist,” Kendall Stephens, who was a friend and neighbor of Kruger’s, told CBS News. “He was more than just a community member. He was somebody that fought that great fight so many of us are not able to fight that fight because we’re too busy sheltered in our own homes wondering if someone is going to knock down our doors and kill us the same way they killed him. The same way they tried to kill me. And we’re tired of it.”   

Kenney said in a statement that he is “shocked and saddened” by Kruger’s death.

“He cared deeply about our city and its residents, which was evident in his public service and writing. Our administration was fortunate to call him a colleague, and our prayers are with everyone who knew him.”

The District Attorney’s LGBTQ+ Advisory Committee issued the following statement:

“Many of us knew Josh Kruger as a comrade who never stopped advocating for queer Philadelphians living on the margins of society. His struggles mirrored so many of ours — from community rejection, to homelessness, to addiction, to living with HIV, to poverty — and his recovery, survival, and successes showed what’s possible when politicians and elected leaders reject bigotry and work affirmatively to uplift all people. Even while Josh worked for the mayor, he never stopped speaking out against police violence, politicized attacks on trans and queer people, or the societal discarding of homeless and addicted Philadelphians.

We are devastated that Josh’s life was ended so violently. We urge anyone who has information that could lead to an arrest and prosecution for Josh’s murder to contact the Philadelphia Police or the DA’s Office directly. LGBTQ+ Philadelphians experience violence of all kinds every day; few people used their platforms to remind powerful people in government of that reality as effectively as Josh Kruger did. Josh and the communities he advocated for every day of his life deserve nothing less than justice and accountability for this outrageous crime.”

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U.S. Federal Courts

Lesbian mother from El Salvador released from ICE custody

Jessica Barahona-Martinez arrested on June 26, 2017



(Bigstock photo)

A federal judge last week ordered the release of a lesbian mother from El Salvador who had been in U.S. Immigration and Customs Enforcement custody since June 2017.

Jessica Patricia Barahona-Martinez and her three children entered the U.S. on May 31, 2016. A court filing notes she fled “persecution she faced in El Salvador as a lesbian, and because the government had falsely identified her as a gang member.”

Barahona-Martinez lived with her sister and other relatives in Woodbridge, Va., until ICE arrested and detained her on June 26, 2017. She was housed at two ICE detention centers in Virginia until her transfer to the South Louisiana ICE Processing Center, a privately-run facility the GEO Group, a Florida-based company, operates in Basile, La., in October 2020. 

An immigration judge in November 2019 granted Barahona-Martinez asylum for the second time. The government appealed the decision and the Board of Immigration Appeals, which the Justice Department oversees, ruled in their favor.

The American Civil Liberties Union and the ACLU of Louisiana last month filed a writ for habeas corpus petition in the U.S. District Court for the Western District of Louisiana’s Lafayette Division that asked for Barahona-Martinez’s release. U.S. District Judge Terry A. Doughty on Sept. 27 ruled in her favor.  

“Petitioner (Barahona-Martinez) ultimately argues that her prolonged detention violates due process; she moves that this court issues a temporary restraining order, requests release, a bond hearing, an expedited hearing and costs and attorney fees,” wrote Doughty.

“This court finds that petitioner has plausibly alleged her prolonged detention violates due process,” added Doughty.

An ACLU spokesperson on Monday told the Blade that ICE has released Barahona-Martinez and she is once again in Virginia with her children and sister. 

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State Department

State Department hosts intersex activists from around the world

Group met with policy makers, health officials, NGOs



The State Department last week hosted a group of intersex activists from around the world. (Courtesy photo)

The State Department last week hosted five intersex activists from around the world.

Kimberly Zieselman, a prominent intersex activist who advises Jessica Stern, the special U.S. envoy for the promotion of LGBTQ and intersex rights abroad, brought the activists to D.C.

• Morgan Carpenter, co-founder and executive director of Intersex Human Rights Australia

• Natasha Jiménez, an intersex activist from Costa Rica who is the general coordinator of Mulabi, the Latin American Space for Sexualities and Rights

• Julius Kaggwa, founder of the Support Initiative for People with Atypical Sex Development Uganda

• Magda Rakita, co-founder and executive director of Fujdacja Interakcja in Poland and co-founder of Interconnected UK

• Esan Regmi, co-founder and executive director of the Campaign for Change in Nepal.

Special U.S. Envoy for Global Youth Issues Abby Finkenauer and Assistant Health Secretary Rachel Levine are among the officials with whom the activists met.

Zieselman told the Washington Blade on Sept. 21 the activists offered State Department officials an “intersex 101” overview during a virtual briefing.

More than 60 Save the Children staffers from around the world participated in another virtual briefing. Zieselman noted the activists also met with Stern, U.N. and Organization of American States officials, funders and NGO representatives while in D.C.

“The people we met were genuinely interested,” Rakita told the Blade.

Stern in an exclusive statement to the Blade said “the visiting intersex activists clearly had an impact here at State, sharing their expertise and lived experience highlighting the urgency to end human rights abuses, including those involving harmful medical practices against intersex persons globally.” Andrew Gleason, senior director for gender equality and social justice at Save the Children US, in a LinkedIn post he wrote after attending his organization’s meeting with the activists echoed Stern.

“There are many learnings to recount from today’s discussion, but one thing is clear, this is unequivocally a child rights issue, and one that demands attention and action at the intersection of LGBTQI+ rights, reproductive rights and justice, disability justice and more,” wrote Gleason. “Gratitude to the panelists for sharing such poignant testimonies and providing insights into what organizations like ours can do to contribute to the broader intersex movement; and thank you to Kimberly for your leadership and bringing this group together.”

The activists’ trip to D.C. coincided with efforts to end so-called sex “normalization” surgeries on intersex children.

Greek lawmakers in July passed a law that bans such procedures on children under 15 unless they offer their consent or a court allows them to happen. Doctors who violate the statute face fines and prison.

Germany Iceland, Malta, Portugal and Spain have also enacted laws that seek to protect intersex youth. 

A law that grants equal rights and legal recognition to intersex people in Kenya took effect in July 2022. Lawmakers in the Australian Capital Territory earlier this year passed the Variation in Sex Characteristics (Restricted Medical Treatment) Bill 2023.

Intersex Human Rights Australia notes the law implements “mechanisms to regulate non-urgent medical care to encourage child participation in medical decisions, establish groundbreaking oversight mechanisms and provide transparency on medical practices and decision making.” It further points out the statute “will criminalize some deferrable procedures that permanently alter the sex characteristics of children” and provides “funding for necessary psychosocial supports for families and children.”

“It’s amazing,” Carpenter told the Blade when discussing the law and resistance to it. “It’s not perfect. There was some big gaps, but physicians are resisting every step of the way.”

The State Department in April 2022 began to issue passports with an “X” gender marker.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as non-binary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

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