This is a printer friendly version of an article from www.thedailytimes.com
To print this article open the file menu and choose Print.
Article published Oct 23, 2007 State officials mull moving former magistrate’s trial to Sevier County
By Joel Davis of The Daily Times Staff
If the Tennessee Admininstrative Office of the Courts agrees, the trail of former Blount County Magistrate Dustin Hatcher on charges related to allegedly taking lewd pictures of a 17-year-old girl will be moved to Sevier County.
“(With a) Sevier County jury, Sevier County court clerk and a Sevier County judge,” Circuit Court Judge Mike Meares said during a Monday hearing on a motion by defense attorney Joe Costner to ask Meares to recuse himself. After leaving the courtroom to confer with his client, Costner later returned to say the move was acceptable.
Costner had argued that the public could perceive some sort of conflict because Hatcher’s father is Circuit Court Clerk Tom Hatcher, whose staff administers the record-keeping for the court.
“Why not err on the side of caution if it promotes ... public confidence,” Costner said. On the other side, Special Prosecutor Al Schmutzer Jr. had requested that Meares ask Tom Hatcher’s office to recuse itself from administering the case for the sake of appearances.
“It would be assumed that partiality would cut the other way — against the state,” Schmutzer said. “I don’t see that. I’m sure Mr. Hatcher is an honorable man.” Still, it would be best to avoid an appearance of conflict, Schmutzer said. “Blood runs thick,” he said.
Meares seemed to agree with aspects of both arguments, saying that if one situation could present the appearance of a conflict, both would. How the change will affect the disposition of the case is not known. Meares had originally set a trial date of March 4, 2008. He indicated he wants the case to proceed on schedule.
“I do know that public confidence is raised when cases are disposed of in a timely fashion,” Meares said.
Dustin Hatcher is charged with sexual activity involving a minor, sexual exploitation of a minor and contributing to the delinquency of a minor. The alleged victim was named in the indictment, but due to the nature of the charges she is not being identified by The Daily Times.
The first charge against Hatcher stems from an incident that allegedly happened on or about Nov. 30 at the Blount County Justice Center. Hatcher, 25, Sevierville Road, Maryville, is accused of calling the 17-year-old girl into his office and coercing her into putting on lingerie so he could take pictures of her.
The charge centers on the allegation that Hatcher took pictures of the girl’s bare breasts. A civil suit filed last December against Hatcher, his father Blount County Circuit Court Clerk Tom Hatcher, Blount County and the clerk’s office, was settled by the county on Jan. 10 for $45,000.
Dustin Hatcher resigned from his post as magistrate — a person who signs arrest warrants, approves some search warrants and sets bonds — on Dec. 2. According to Blount County Jail records, he is free on a $25,000 bond.