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I went to visit Will Foster in Jail A Couple of Nights Ago

Submitted by Phillip Smith on
I wrote about the Will Foster case in the Chronicle last week. Here's a brief summary: Foster had a small medical marijuana garden in Tulsa that was raided in 2005. Two years later, he was sentenced to an insane 93 YEARS in prison. Only after a publicity campaign in which DRCNet played a vital role was he resentenced to merely 20 years, and after being twice denied parole, he was paroled to California. Although Oklahoma thought Foster should be on parole until 2011, California decided he didn't need any more state supervision and released him from parole after three years. That wasn't punitive enough for Oklahoma. Although Foster had left the Bible Belt state behind with no intention of ever returning, Oklahoma parole officials issued a parole violation warrant for his extradition to serve out the remainder of his sentence. When Foster had to show ID in a police encounter, the warrant popped up, and he was jailed. Desperate, Foster filed a writ of habeas corpus and won! A California judge ruled the warrant invalid, and Foster was a free man again. But not for long. It's thirst for vengeance still unslaked, the state of Oklahoma issued yet another parole violation warrant for Foster's extradition because he refused to agree to an extension of his parole to 2015--four years past the original Oklahoma parole date. Then he got raided in California, thanks to bad information from an informant with an axe to grind. Foster had a legal medical marijuana grow, but it took a hard-headed Sonoma County prosecutor more than a year to drop charges, and Foster has been jailed the whole time. Now that the charges have been dropped, Foster still isn't free because Oklahoma still wants him back. Extradition warrants have been signed by the governors of both states, and he was days away from being extradited in shackles when he filed a new habeas writ this week. Filing the writ will stop him from being sent back to Oklahoma, but it also means he's stuck in jail for the foreseeable future. The writ is a legal strategy; his real best hope is to get one of those governors to rescind the extradition order. You can help. Click on this link to find out how to write the governors. I think a campaign of letters to the editor of Oklahoma papers might help, too. Those letters might ask why Oklahoma wants to continue to spend valuable tax dollars to persecute a harmless man whose only crime was to try to get some relief for his ailments--and who has no intention of ever returning there. ...So, anyway, I went to see Will at the Sonoma County Jail Saturday night. But I didn't get in. The steel-toes in my footwear set off the metal detector, and I quickly found out such apparel was a security risk. Who knew? I'll go back later this week. I guess I'll wear sandals. In the meantime, there are letters waiting to be written. Keyboard commandos, saddle up!

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