'PRISON IS A LAST RESORT,' JUDGE SAYS

Tampa - The Judge's Last Decision To Send Darryl Strawberry Back To
Treatment After He'd Violated Probation Has Been Criticized As Too Lenient

Under the spotlight again now that the Darryl Strawberry case has
resurfaced, Hillsborough Circuit Judge Florence Foster held a press
conference Thursday to extol the benefits of drug court.

Explaining her role as a drug court judge, Foster was setting the stage for
Strawberry's appearance before her next week. Many are wondering whether
she will sentence him to prison now that he's violated probation a fourth time.

Strawberry walked away from a treatment center last week and went on a
four-day drug binge with friends.

He is to appear before Foster on Wednesday.

The judge declined to discuss the former All-Star baseball player by name
because his case is pending.

But Foster, known around the courthouse as ``Let-'em-go-Flo'' for her
leniency with drug offenders, described herself as a punishing judge who
will sentence a defendant to prison if he doesn't accept treatment.

``I'm punitive - if I give you a break, and you screw up, you're going to
prison,'' Foster said. ``If you walk away, you're walking to the Florida
state prison.''

However, Foster added, ``Prison is the last resort.''

The 39-year-old Strawberry, arrested earlier this week after surrendering
at St. Joseph's Hospital, has appeared before Foster three times in the
last seven months.

The last time, in November, Foster promised she would put Strawberry away
for a long time, no questions asked, if he violated probation and abandoned
treatment again.

That threat helped Strawberry stay clean for five months, his attorney, Joe
Ficarrotta, said Thursday.

But Strawberry's latest misstep has put Foster in an uncomfortable
position, her colleagues say.

Prosecutors criticized Foster's last decision to send Strawberry back into
treatment after he'd violated probation. Her sentence was too light, they said.

They have also complained repeatedly about what they regard as Foster's
leniency toward drug offenders in general and are wondering what the judge
will do when Strawberry comes before her again.

Circuit Judge Donald Evans, the administrative judge in Foster's division,
said that was one of the reasons his colleague held Thursday's press
conference.

``Of course, she's under lots of pressure,'' Evans said. ``A lot of people
are watching to see what she's going to do with the Strawberry case.''

Another reason could be an ill-fated movement that a handful of judges
initiated recently to eliminate drug court.

A couple of jurists were so bent on the idea that they sat in Foster's
courtroom to watch her routine.

Chief Judge Dennis Alvarez said he was aware of the discontent, but said it
probably originated with judges who were frustrated because they had to
handle cases transferred to them by Foster and Evans.

The judges' complaints prompted the court administrator's office to launch
a study to determine what changes need to be made to drug court, Alvarez said.

``Drug court works,'' Alvarez said. ``But obviously some changes always
have to be made, some things tweaked. One of the things we're looking at is
whether drug court needs to be expanded. Another issue we're looking at is
the criteria for bringing a case to drug court.''

Lyda Longa covers criminal courts and can be reached at (813) 259-7638 or
llonga@tampatrib.com