T
The420Guy
Guest
Oklahoma Gov. Frank Keating was recently in the spotlight as a leading
contender for U.S. attorney general. Now that George W. Bush has picked
defeated Missouri Sen. John Ashcroft instead, Keating won't be heading the
Department of Justice.
As a result, he'll have more time to reflect on what passes for justice in
Oklahoma. In particular, he should be thinking about Will Foster.
Foster, a 42-year-old father of three, was arrested in 1995 for growing
marijuana in the basement of his Tulsa home. He said he needed the drug to
relieve chronic pain caused by rheumatoid arthritis.
In California, or one of the eight other states that allow the medical use
of marijuana, a defendant like Foster can get off. In Oklahoma, he got 93
years.
On Dec. 28, 1995, acting on a tip that Foster was selling methamphetamine,
police broke into his house and tore it apart in front of his terrified
5-year-old daughter, looking for evidence of the crime specified in the
warrant. They didn't find any, although they looked everywhere, even
inside the little girl's teddy bear.
But they did find Foster's marijuana garden, which was concealed behind a
locked steel door in an old bomb shelter. There were about 70 plants.
During Foster's trial, the prosecution claimed the plants were equivalent
to 2,652 joints. A marijuana cultivation expert who testified for the
defense said the yield would be more like 12.5 ounces, or about 600 joints
-- not an outlandish amount for someone who smoked marijuana daily to
control pain.
Foster, who made about $100,000 a year as a computer programmer, insisted
that he had never sold marijuana, and no one testified that he had. But in
January 1997, the jury convicted him of possession with intent to
distribute, along with cultivation, the aggravating factor of possession
"in the presence of a minor under age 11," and failure to obtain marijuana
tax stamps ( a legal fiction used to increase punishment ).
The sentences recommended by the jury added up to 93 years, and Judge Bill
Beasley said they should be served consecutively. He noted that Foster had
rejected plea bargains promising sentences totaling 10 to 12 years.
Tulsa County Assistant District Attorney Brian Crain told Reason magazine
that he asked the jury to recommend "20, 200, 2,000, whatever number of
years they wanted to give." He said the sentence was appropriate "because
it falls within the statute, and I think that the statute is appropriate."
In August 1998, a state appeals court disagreed. Saying Foster's sentence
"shocks our conscience," the court reduced it to 20 years, making him
eligible for parole.
Days later, the Oklahoma Pardon and Parole Board voted unanimously to
release Foster. Supporters, including three prison supervisors who said
they rarely intervene on behalf of inmates, urged Gov. Keating to sign the
parole order.
In his own letter to Keating, Foster noted that he had served five years in
the Army, put himself through college, and started a successful computer
business. "Most important is that I have never committed a crime against
any person or thing in my entire adult or childhood life," he wrote. "The
only victim in the crime that I am serving time for is my family. They
have to live every day without ... the guidance, support and income that I
have always provided."
In January 1999, Keating rejected the parole board's recommendation,
something a spokesman said happens only about 25 percent of the time. The
spokesman said the decision was due to "a combination of factors,"
including objections from the prosecutor.
A letter from Keating's office to a Foster supporter implied that one
reason for keeping him in prison was that he had "made public statements
concerning ... his plans to resist anti-drug laws if he is released." The
letter apparently was referring to interviews in which Foster had
criticized the war on drugs -- which suggests that he is being punished for
his political views.
In August 1999, the parole board again approved Foster's release, and
Keating again said no. A few months ago, the board voted a third time to
parole Foster, a decision that took effect on Dec. 21. Now that it looks
like Keating will be staying in Oklahoma City, he'll have another chance to
display his compassion, instinct for fairness, and sense of proportion.
As for Will Foster, he's had enough of Oklahoma. He has asked to serve his
parole in California
US OK: OPED: What Will Happen To Will Foster?
URL: MapInc
contender for U.S. attorney general. Now that George W. Bush has picked
defeated Missouri Sen. John Ashcroft instead, Keating won't be heading the
Department of Justice.
As a result, he'll have more time to reflect on what passes for justice in
Oklahoma. In particular, he should be thinking about Will Foster.
Foster, a 42-year-old father of three, was arrested in 1995 for growing
marijuana in the basement of his Tulsa home. He said he needed the drug to
relieve chronic pain caused by rheumatoid arthritis.
In California, or one of the eight other states that allow the medical use
of marijuana, a defendant like Foster can get off. In Oklahoma, he got 93
years.
On Dec. 28, 1995, acting on a tip that Foster was selling methamphetamine,
police broke into his house and tore it apart in front of his terrified
5-year-old daughter, looking for evidence of the crime specified in the
warrant. They didn't find any, although they looked everywhere, even
inside the little girl's teddy bear.
But they did find Foster's marijuana garden, which was concealed behind a
locked steel door in an old bomb shelter. There were about 70 plants.
During Foster's trial, the prosecution claimed the plants were equivalent
to 2,652 joints. A marijuana cultivation expert who testified for the
defense said the yield would be more like 12.5 ounces, or about 600 joints
-- not an outlandish amount for someone who smoked marijuana daily to
control pain.
Foster, who made about $100,000 a year as a computer programmer, insisted
that he had never sold marijuana, and no one testified that he had. But in
January 1997, the jury convicted him of possession with intent to
distribute, along with cultivation, the aggravating factor of possession
"in the presence of a minor under age 11," and failure to obtain marijuana
tax stamps ( a legal fiction used to increase punishment ).
The sentences recommended by the jury added up to 93 years, and Judge Bill
Beasley said they should be served consecutively. He noted that Foster had
rejected plea bargains promising sentences totaling 10 to 12 years.
Tulsa County Assistant District Attorney Brian Crain told Reason magazine
that he asked the jury to recommend "20, 200, 2,000, whatever number of
years they wanted to give." He said the sentence was appropriate "because
it falls within the statute, and I think that the statute is appropriate."
In August 1998, a state appeals court disagreed. Saying Foster's sentence
"shocks our conscience," the court reduced it to 20 years, making him
eligible for parole.
Days later, the Oklahoma Pardon and Parole Board voted unanimously to
release Foster. Supporters, including three prison supervisors who said
they rarely intervene on behalf of inmates, urged Gov. Keating to sign the
parole order.
In his own letter to Keating, Foster noted that he had served five years in
the Army, put himself through college, and started a successful computer
business. "Most important is that I have never committed a crime against
any person or thing in my entire adult or childhood life," he wrote. "The
only victim in the crime that I am serving time for is my family. They
have to live every day without ... the guidance, support and income that I
have always provided."
In January 1999, Keating rejected the parole board's recommendation,
something a spokesman said happens only about 25 percent of the time. The
spokesman said the decision was due to "a combination of factors,"
including objections from the prosecutor.
A letter from Keating's office to a Foster supporter implied that one
reason for keeping him in prison was that he had "made public statements
concerning ... his plans to resist anti-drug laws if he is released." The
letter apparently was referring to interviews in which Foster had
criticized the war on drugs -- which suggests that he is being punished for
his political views.
In August 1999, the parole board again approved Foster's release, and
Keating again said no. A few months ago, the board voted a third time to
parole Foster, a decision that took effect on Dec. 21. Now that it looks
like Keating will be staying in Oklahoma City, he'll have another chance to
display his compassion, instinct for fairness, and sense of proportion.
As for Will Foster, he's had enough of Oklahoma. He has asked to serve his
parole in California
US OK: OPED: What Will Happen To Will Foster?
URL: MapInc
