Pubdate: Sat, 06 Jan 2001
Source: Columbus Dispatch (OH)
Copyright: 2001 The Columbus Dispatch
Contact:  34 S. Third St., Columbus, OH 43215
Website: http://www.dispatch.com/
Author: Robert Ruth, Dispatch Staff Reporter

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
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