TOMMY THOMPSON IS STILL IN JAIL

Imagine spending more than eight years in a federal prison with no right to a jury trial or a court-appointed attorney, serving an indefinite sentence. This is how the judicial civil contempt power works, and deep-sea explorer Tommy Thompson — who has been held on civil contempt charges since 2015 — has brought the issue to light.

Thompson's story dates back to 1989, when he made the greatest treasure find of the century: locating the SS Central America. The sunken ship was carrying the spoils of California's gold rush when it sank in 1857, yielding a treasure worth upward of $765 million in 2024 dollars. Even more amazing than finding the wreck was Thompson's ability to precisely salvage items in nearly 8,000 feet of water.

However, legal battles around the wreck ensued for decades, driven by 39 insurance companies that claimed interest in the items, as well as investors who were dissatisfied with the timeliness of their return on the investment. Thompson was ordered to sit for a debtor's examination that would help these investors collect on the debt due to his alleged mismanagement of the recovery. After initially participating in a 319-page deposition, Thompson refused to sit for a second deposition, and his attorney invoked Thompson's Fifth Amendment rights to be silent and not answer additional questions.

A U.S. district court judge then held Thompson in civil contempt in 2015. Since then, there has been no meaningful change. Thompson is now 72 years old, in a wheelchair, and not receiving the medical treatment he needs. To make matters worse, in 2022, the U.S. district court judge began initiating an additional criminal contempt of court proceeding/show cause hearing because of Thompson's inability to retain or clearly communicate about formally having an attorney.

In 2015, the U.S. district court judge initially stated that he would assess Thompson every 60 days. But, in the past year, the judge has held zero compliance hearings for Thompson. Meanwhile, Thompson was recently attacked in his jail cell by another inmate. He is simply left to rot in the gallows and, with each day, it seems far more likely that age and time will resolve his case with a death certificate before constitutional diligence occurs.

Many people take solace in the disputes our judicial system gets right, but far too few people spend their time objectively analyzing what it gets wrong. Yet, even federal and Supreme Court justices have highlighted issues with the contempt power — on the lack of meaningful notice, due process rights for the accused, firm guidelines on incarceration limits and structural/separation of power considerations.

 
Tommy Thompson with lawyer

To read the complete article, see:
Why is this treasure hunter still sitting in jail? (https://www.tampabay.com/opinion/2024/06/04/why-is-this-treasure-hunter-still-jail/)

To read earlier E-Sylum articles, see:
REPORTER'S THOUGHTS ON TOMMY THOMPSON'S CAPTURE (https://www.coinbooks.org/esylum_v18n15a10.html)
THE RISE AND FALL OF TOMMY THOMPSON (https://www.coinbooks.org/v26/esylum_v26n16a32.html)
TOMMY THOMPSON'S LEGAL LIMBO (https://www.coinbooks.org/v26/esylum_v26n26a27.html)

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