JUDGE: CONVICT WON'T BE SAFE IN PRISON

TAMPA, Fla. - A judge refused to send a drug offender to prison, saying the
man would be a target for sexual assault because he is thin and white.

Instead, Hillsborough County Jude Florence Foster placed Paul Hamill on two
years probation and sent him to a treatment center for violating probation
on a previous cocaine conviction.

"He's a small, thin, white man with curly dark hair, and I suspect he would
certainly become a sexual target in the Florida state prison system,"
Foster said, according to a transcript of the November sentencing hearing.

"I've been told they can't protect people like that. I'm not going to send
a man like this to Florida state prison. That is cruel and unusual
punishment in my book," she said.

Foster would not discuss Hamill's case specifically, but said her general
goal is to "help people with drug problems get rid of their drug problems."

Her decision was praised by Bruce Rogow, a law professor at Nova
Southeastern University in Davie.

"I think it's a statement of great sensitivity; she is probably trying to
save this man's life," Rogow said.

But Susan Rush, a law professor at the University of Florida in
Gainesville, thinks Foster's statement was inappropriate.

"That's a fairly racist comment," Rush said Friday.