JUDGE SPARES WHITE MAN FROM PRISON TIME

A Judge Says The Man, Who Is 5-Foot-8 And Weighs 175 Pounds, Would Be
Preyed Upon In The Prison System Because Of His Race And Size

TAMPA -- A judge who said she feared putting a white drug offender in
prison because his race and size might make him a "sexual target" stuck to
her plan Wednesday despite a controversy that reached across the country.

Circuit Judge Florence Foster sentenced Paul Hamill, 41, to house arrest,
residential drug treatment and probation, even though a prosecutor asked
for prison time under state-mandated sentencing guidelines. The issue of
Hamill's race never came up.

A hearing in November was different. Considering Hamill's fate then, Foster
said sending the 5-foot-8, 175-pound man to prison amounted to "cruel and
unusual punishment."

"When I looked at him he's a small, thin white man with curly dark hair,"
she said. "And I suspect he would certainly become a sexual target in the
Florida state prison system. And I've been told that they can't protect
people like that. I'm not going to send a man like this to Florida state
prison."

Those comments sparked a firestorm of criticism and controversy, with the
story picked up by newspapers in Los Angeles and New York. A New York Daily
News column derided her decision as "the Weight Watchers 'Get Out of Jail'
Diet.' The president of Florida's NAACP said it proved justice was not blind.

Foster was unbowed Wednesday, saying she wanted to give Hamill the chance
to get the treatment he needs. Two doctors who evaluated Hamill, who
admitted he violated his probation on a cocaine possession charge,
recommended a live-in treatment program.

"I really do have a deep desire to get my life straightened out," Hamill said.

State guidelines, in which factors are added to determine a range for a
sentence, called for two to three years in prison. But the judge said
Hamill's mental health problems and his willingness to get help were
reasons for a lesser sentence. He was given two years' house arrest and
three years' probation and will live at least part of that time in a
treatment program. The judge threatened prison if he violated the terms of
the sentence.

Hillsborough County Commissioner Tom Scott said Wednesday that the judge
owes the community an apology or an explanation. Her statement "shows the
inequity," he said. "The sentencing guidelines are different in response to
minorities as opposed to Caucasians."

"It does not always get spoken out loud," Scott said. "In this case, it's
been substantiated."

The judge had declined to talk about the case but pointed out that the
purpose of the specialized drug court is to rehabilitate drug addicts.

"Race is not an issue in my courtroom," she said this month. "Each case is
treated individually based on the unique facts of that case."

Hamill's attorney, Douglas deVlaming, said there was concern that the
controversy might change the sentence. Hamill's father, a Naples retiree,
said it could affect the chance to get help for his son, who started
drinking beer at 14 and graduated to crack cocaine.

"But Judge Foster has a lot of integrity and a lot of backbone," deVlaming
said. "She did the right thing."

DeVlaming said if all cases could be added up as simply as sentencing
guidelines, "we'd take the judge off the bench and put an adding machine or
a computer up there."

Prosecutors are considering an appeal.

"We're reviewing the legal precedent to determine if we have a legal basis
to appeal" Foster's sentence, said State Attorney's Office spokeswoman Pam
Bondi.

The Judicial Qualifications Commission, which oversees judicial behavior
and has been busy with several incidents in Hillsborough, likely will take
a look at Foster's comments.

"I'm concerned for the judicial system over here, because they've been
rocked by a lot," said deVlaming, whose office is in Clearwater. "And this
didn't help it."