JUDGE GIVES WOMAN, 75, HOUSE ARREST IN DRUG DEAL

Lillian Foster knew that the bargain could land her in prison, but the
financially strapped great-grandmother desperately wanted to leave the
fast-paced life of Las Vegas and return to her roots in West Virginia.

The deal three years ago seemed simple enough: A drug trafficker would
supply Foster, now 75, with a free rental car and money for expenses -- and
pay her $1,000 -- to drive to Columbus from Phoenix.

The only catch: The trunk of the car would be jammed with 142 pounds of
marijuana.

After five years in Nevada, the widow had tired of living with her
daughter, Yolanda Hinegardner, in a condominium. She wanted to return to
Alderson, W.Va., where she owned a home.

But Foster had been unable to save enough for the trip east. Her $626
monthly Social Security check and the little she made working as a
part-time cashier and hostess at Vegas gambling casinos were eaten up in
daily living expenses.

So Foster, who never had been arrested, accepted the offer. That decision
led to her arrest Nov. 27, 1997, three years of anguish while waiting for
her case to be resolved and her sentencing yesterday in Columbus to eight
months of house arrest.

After accepting the deal, Foster drove with Hinegardner to Phoenix, picked
up the contraband and headed east. But her luck ran out as she drove
through Springfield, Mo., where a state trooper became suspicious after
stopping Foster for a traffic violation. The drugs were discovered after
Foster gave the officer permission to search her car.

Foster agreed to help authorities by continuing the delivery, in an attempt
to apprehend her Columbus connection. But she arrived in Columbus three
days late, and the drug trafficker did not show up.

Earlier this year, Foster pleaded guilty in U.S. District Court in Columbus
to one count of conspiracy.

Under normal circumstances, federal law would require Foster to be
sentenced to at least 18 months in prison. But at yesterday's sentencing
hearing before Judge Algenon L. Marbley, her attorney pleaded for leniency.

Terry K. Sherman noted that federal law allows judges to depart from
mandatory sentencing laws because of a defendant's age and health.

He said Foster suffers from a multitude of ailments, including high blood
pressure, thyroid disease, a deteriorated spine and a tumor near her heart.

Marbley agreed and sentenced Foster to eight months of house arrest in her
daughter's Las Vegas home. House arrest will allow Foster to work and run
errands on weekdays, but she must remain in her daughter's condo at night
and on weekends. Her whereabouts will be monitored electronically.

After the hearing, Assistant U.S. Attorney Kevin Kelley, who objected to
Sherman's leniency motion, conceded, "This is a sad situation. She is an
otherwise law-abiding lady who had some real financial difficulties and
made a bad choice.''

Sherman, a veteran criminal-defense lawyer, predicted other elderly
defendants will be appearing before judges in the future. "With our
population aging, more and more older folks are finding themselves
economically destitute. Some of them are going to fall prey to career
criminals.''

Foster has 10 children and many grandchildren and great-grandchildren,
according to court documents.

The case took three years to resolve for a variety of reasons, Kelley said.
Several months were taken up while authorities attempted to track down
other suspects. Also, Foster's first attorney dropped out of the case and
delays occurred because prosecutors in Columbus were dealing with a
defendant who was living in Las Vegas, Kelley said.

Hinegardner never was charged in the case