Jan 6, 2001 - 03:10 PM Tampa Bay Online

Judge Says Convict Too Thin, White to Be Safe in Prison The Associated Press

TAMPA, Fla. (AP) - 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 Judge 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.

Prosecutors objected at the time, but would not comment when contacted by The Tampa Tribune. They have complained in the past that Foster imposes light sentences.

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.

© Copyright 2001 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Brought to you by the Tampa Bay Online Network

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Jan 6, 2001 - 03:10 PM

Judge Says Convict Too Thin, White to Be Safe in Prison The Associated Press

TAMPA, Fla. (AP) - 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 Judge 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.

Prosecutors objected at the time, but would not comment when contacted by The Tampa Tribune. They have complained in the past that Foster imposes light sentences.

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.

AP-ES-01-06-01 1510EST © Copyright 2001 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Brought to you by the Tampa Bay Online Network

-- Lars (lars@yahoo.com), January 06, 2001

Answers

As an addicted viewer of OZ, I would say he was humane.

-- (no_cruel_@nd_unusual.punishments), January 07, 2001.

I'd like to get Robert Downey, Jr.'s thoughts on this one...

-- Uncle Bob (unclb0b@aol.com), January 07, 2001.

The judge is racist. The bro's need their sport.

-- (Paracelsus@Pb.Au), January 07, 2001.

He did the crime, he should do the time like anyone else. That's what are legal system is based on. What is this judge saying, that only big minorities can be sent to prison? Humane intentions or not, everyone has to be equal under the law, or the law isn't worth having.

Frank

-- Someone (ChimingIn@twocents.cam), January 07, 2001.

A new bunky?? Hot damn, bring him on!

-- Porky (Porky@in.cellblockD), January 07, 2001.

Frank

Sentencing guidelines vary state to state, as I am sure you know. In New York, this trangressor would be facing mandatory sentences via Rockefeller Laws which, thankfully, may finally undergo revision. There are people in New York doing 25 to life for a few ounces of Cocaine.

Better that this guy get treatment than to get none in prison. He only hurst himself-this is a victimless crime. I think the judge erred in saying that he was concerned about the guy being abused; he should have left it at treatment being the best option available to rehabilitate this addict.

-- FutureShock (gray@matter.think), January 07, 2001.

FS,

I most definitely agree that treatment should be the goal for the man, assuming he WANTS to be treated.

I disagree that cocaine use is a victimless crime. I know a family that was broken up over it where one person spent everything & was pawning the furniture, not showing up to work, and being neglectfull of their child. Not victimless by MY definition, although opinions may very.

My comment here was mainly directed at what I consider very poor conduct on the judge's part, that of changing someone's sentence based on their race and size.

Frank

-- Someone (ChimingIn@twocents.cam), January 08, 2001.

"neglectful"

Frank

-- Someone (ChimingIn@twocents.cam), January 08, 2001.

This man's crime is not the issue. The issue is whether anyone sent to prison has a right to be safe from brutalization from guards or other inmates.

Sad but true, wimpy guys in prison are good candidates for rape and violence. Sad but true, wimpy white guys are especially vulnerable.

-- Lars (lars@yahoo.com), January 08, 2001.