Convicted drug-dealing deputy police chief wanted to remain free. Judge said no way

Facing four years in prison, Keith Foster, the former No. 2 officer in the Fresno Police Department, asked a federal judge this week to let him remain free while he appeals his conviction for conspiring to peddle heroin and marijuana.

Judge Anthony Ishii said no, ruling in U.S. District Court in Fresno that Foster must surrender to authorities on Saturday so he can be incarcerated in a medium security prison in Colorado.

In November, Ishii sentenced Foster to 48 months behind bars. Ishii, however, allowed Foster to remain free until Jan. 13 so he could take care of personal matters. Since then, Fresno defense lawyer Michael McKneely has filed an appeal on Foster’s behalf.

In his ruling on Monday, Ishii said the appeal was not a stalling tactic by McKneely to keep Foster out of prison. But he said Foster is not likely to get his conviction reversed.

In his motion to remain free pending the outcome of his appeal, Foster listed a few concerns about being incarcerated.

“Foster states that as a former law enforcement officer, he is likely to have a more difficult time in prison than a typical inmate,” Ishii’s ruling says. But the judge said he knows of no situation where a former law enforcement officer has been subjected to “exceptional risk” in prison.

Foster also complained that he would be separated from his family and community support by being imprisoned near Florence, Colo. But Ishii said many defendants face the same situation.

In addition, Foster stated that it was unfair that he would serve a large part of prison sentence before his appeal was finalized. But Ishii said he was unaware of any situation that would delay Foster’s appeal.

Foster contended his longtime service to the community and lack of criminal record are good reasons to keep him out of prison. But Ishii said Foster’s record “is overshadowed by his criminal acts conducted during his time as a top law enforcement official sworn to serve the entire city of Fresno.”

His criminal behavior “not only diminished his standing in the entire community, but also stained the reputation of the city’s police department and law enforcement in general,” the ruling says.

In May, a U.S. District Court jury found Foster guilty of conspiring to distribute heroin and marijuana. The jury was unable to reach a verdict on six other charges, including distribution of oxycodone.

In announcing Foster’s punishment in November, Ishii said Foster lacked remorse and has not accepted responsibility for conspiring to peddle heroin and marijuana. Ishii also said Foster also committed perjury on the witness stand during his trial and ruled that he obstructed justice and violated his position of trust.

On Wednesday, McKneely said he has filed a motion that asks Ishii to reconsider his decision. If unsuccessful, McKneely said Ishii has ordered Foster to report to the Colorado prison by 2 p.m. Saturday. He said Foster also could surrender to the U.S. Marshal Service in Fresno, but that would subject him to a tedious process to get to the Colorado prison, he said.

In all likelihood, Foster will fly to Colorado, but he could drive there or take the bus, McKneely said.

This story was originally published January 10, 2018 at 11:06 AM with the headline "Convicted drug-dealing deputy police chief wanted to remain free. Judge said no way."