Pubdate: Fri, 06 Apr 2001
Source: Tampa Tribune (FL)
Copyright: 2001, The Tribune Co.
Contact:  http://www.tampatrib.com/
Details: http://www.mapinc.org/media/446
Section:  FloridaMetro, page 1
Author:   Lyda Longa of the Tribune
think this judge needs all the support she can get. (Longa is the reporter)

'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  ---
MAP posted-by: Keith Brilhart