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Wednesday, January 13, 1999
Oklahoma Governor to Decide on Will Foster's Parole,
Calls and Letters Urgently Needed
Last September, when we asked our readers
to call and write Oklahoma governor Frank Keating, asking him to approve
the Will Foster's parole order, recommended unanimously by the Oklahoma
parole board. Hundreds of you responded to our
call for action, and the governor's office received so many calls they
set up a special voice mailbox just for calls about Will Foster.
Foster's parole order was sent to the governor's desk late last month,
which means that the governor can make a decision at any time, and in fact
is obligated to make a decision within 30 days of receiving the paperwork
-- which means very, very soon. If you've called or written on behalf
of Will Foster's parole before, or if you haven't acted before, please
call, fax or write Governor Keating ASAP to urge him to sign the order
and free Will Foster. Contact information is included below.
Some of you have reported to us receiving responses from the governor's
office, in some cases making points that could be taken to indicate that
the governor could be leaning against approving the parole board's unanimous
recommendation and granting Will Foster parole.
The governor's staff may have been relying on misinformation or misinterpretations,
however. We have posted letters on our web site from several personnel,
to Governor Keating, in the correctional facility where Foster is incarcerated,
expressing their support of his parole. Please read their letters,
as well as the letter from the governor's office, and other background
information, and a letter from Foster himself, at http://www.drcnet.org/foster/.
The governor's letter states that one of the criteria is the recommendations
of "caseworkers and investigators who have dealt with the inmate's case
during incarceration. Five such people have written letters on Foster's
behalf, which are posted on our site. They are uniform in their assessment
that Will Foster has been a model prisoner and that he and his family deserve
a second chance.
The governor's letter says that another criterion is "completion of
appropriate rehabilitation programs," and that "Mr. Foster has apparently
made no effort to confront his drug addiction during his incarceration."
Our site links to a scanned copy of Will Foster's "Substance Abuse Award"
for having completed an 18 week course in substance abuse education.
In fact, according to one of the posted letters, Foster actually helped
to update the course materials while in prison.
The governor's letter says that Foster's case involved "cultivation
of a large amount of marijuana intended for distribution, far beyond what
would be expected for so-called 'medicinal' uses." In fact, many
of Foster's plants were not of the type that are useable, and the total
plant output was within the quantity shipped every month to the eight legal
medical marijuana patients by the federal government, under a program started
by the Reagan administration!
The governor's letter claims that Foster has "made public statements
concerning continued drug use in prison." They are referring to the
Dateline report. However, Foster only actually reported that there
was marijuana use in the prison (as in most prisons), not that he had used
marijuana himself. According to one of the managers whose letter
we have posted, Foster has passed every drug test while in prison.
According to Keating's letter, "the prosecuting attorney has already
recommended that the parole be denied." But this is the same prosecutor
who at the sentencing told the jury to "pick any number and add two or
three zeroes to it." Clearly this prosecutor has a very heavy bias against
Foster and does not have an objective viewpoint for purposes of evaluating
the parole board's recommendation. An Oklahoma appeals court judge
found that Foster's original 93-year sentence "shocked the conscience,"
and reduced the term to 20 years -- the prosecutor was opposed to that
too.
Keating's letter also contains the rather strange statements that Foster
has discussed his plans to "resist anti-drug laws if he is released," and
"While a number of people who contacted this office have urged Mr. Foster's
immediate release and/or the legalization of marijuana and other drugs,
many others who wrote or called are equally opposed to legalization and
his release."
It is simply untrue that Will Foster has expressed any intention to
"resist anti-drug laws" through anything other than advocating change of
government policy -- activity that is wholly irrelevant to any parole decision
and that is constitutionally protected by the First Amendment of the Bill
of Rights -- indeed which is at the heart of American democracy.
It is also worrisome that the governor's office brought up the fact that
some who wrote are "opposed to legalization." If the governor's decision-making
is being colored by the fact that a campaign is being waged on Foster's
behalf, that would be inappropriate at best.
We don't know whether or not the statements made by Governor's Keating's
liaison reflect the governor's views or intentions, or whether they reflect
a deliberate attempt to mislead or honest misconceptions about Will Foster.
Though it is important that these misinterpretations about Foster's record
be brought to the governor's attention, it is equally important that all
communications be polite.
Please call Governor Keating at (405) 521-2342, send [email protected]
(the governor's e-mail bounces sometimes, so it would be best not to rely
solely on e-mail), fax to (405) 521-3317, 523-4224 or 522-3492, or write
to:
Again, information on the Foster case, including letters from case workers
in the prison where he is incarcerated, is available online at http://www.drcnet.org/foster/.
And again, make sure your letter or phone call is polite!
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