Will Foster is in severe pain: Part 2
In Will’s own words, followed by a news story about his case from DRCNet.
Letter from Will Foster -- 93 Years for Marijuana Conspiracy
I am a 38-year-old male who was sent to prison for exercising my
constitutional right of Freedom of Choice, (we are free people right?).
I was convicted for cultivation of marijuana, on January 16, 1997, in
Tulsa Oklahoma and sentenced to serve 93 years in prison on your tax
dollars. This is the first time I have ever been in trouble. I was a
productive citizen of the United States for the last 20 years, I paid
taxes and even served my country in the United States Army.
I used marijuana for medical purposes. I have crippling arthritis
in my feet, hips, lower back and hands. I did not enjoy the side effects
of the drugs my doctors prescribed for me, which were mostly codeine
based narcotics. These drugs can be highly addictive if used over an
extended amount of time. The prescribed drugs left me moody, tired,
and edgy, making it very difficult to enjoy my family and to perform
my job. I have had my own business for the past 8 years as a computer
programmer/analyst. So I elected to medicate myself, which is allowed
in the constitution under the FREEDOM OF CHOICE, in the 8th amendment
addressing PAIN AND SUFFERING and in the 14th amendment in ALL PEOPLE
SHALL BE TREATED EQUALLY.
Right now there are 8 people in the United States who are a part of
the Compassionate Use Program. These people receive government grown
marijuana on a monthly basis. Some of these people have the same
condition as I do. I do not understand how these 8 people differ
from others also in pain. I hold no ill feelings for these 8 people,
only for the government who continues to discriminate against the rest
I protected my children and my wife, in every respect. My children did
not do without any item of which they needed, nor did they EVER SEE OR
KNOW of my marijuana garden. I had my medical garden in an underground
bomb shelter, with a corrugated steel door, of which only I had the
key. If I was going to self medicate, then I would convene to my
bedroom and behind closed doors, relieve my pain. We were a happy,
typical family, who had a life, and had dreams. The Tulsa Police
Department, however had different ideas.
The Tulsa Police Department. and the Special Investigation Division
(SID) entered our home on December 28, 1995 on a "John Doe" search
warrant, looking for methamphetamine. They found no methamphetamine
or any evidence that it had ever existed, they did however find my
medical marijuana garden . To make a short story of it, the affiant,
who is a sworn Tulsa Police Officer, stated that his affidavit was
true, yet they found nothing listed on the search warrant. They found
a total of $28.00 in cash. All of this transpired due to a "confidential
During the trial, I was refused the right to face all of my accusers.
The judge simply, refused to force the state to bring forth this so
called, confidential informant - a direct violation of my constitutional
right. During the 2 years it has taken to get this to a trial, the
police department has had an "itch!" when it came to my case. You must
understand, that almost everyone else in Tulsa County, ever busted for
possession or cultivation, has "taken a deal." To take the issue to a
jury trial was simply unheard of, and so, in October of 1996, when the
District Attorney and the Special Investigations Division, found out
that I had no intention of "taking the deal," they decided to "put
the pressure" on.
On October 22, 1996 I was leaving my home, (a different residence by
this time, my wife simply could not take living in the house where
they had violated us). I had pulled into a gas station to fill up
my car, when a Tulsa police officer pulled in behind me. Upon exiting
his vehicle he called me by name, and insisted on seeing my driver
license and insurance form. He stated that I had failed to signal
from my residential street onto the main street. He then proceeded
to search my person and my vehicle. When I questioned this, he
stated that "he knew I had marijuana" either on me or in the car.
He also phoned in on his cellular phone, to the same officers who
had arrested me in December 1995. They had an amazingly good
response time, less than one minute. They found NO MARIJUANA on my
person or in my car, yet they still arrested me for failure to signal.
I was detained in the County jail from 10:10 am until 9:00 pm without
having any charges brought against me. During the time I was sitting
there, my wife found out where I was and came down with my sister in
law and posted bail on the traffic violation. They still DID NOT
RELEASE ME. They did however manage to get yet another search warrant
for our home, and while NO ONE WAS THERE, searched the premises.
They claimed on the affidavit for this warrant, that even though
they had found no marijuana, I had "the odor" of marijuana about me,
therefore granting them access to a warrant.
The same police officers, who had searched our home in December 1995,
took my house keys from me and granted themselves entry to our home
prior to the search warrant ever being signed by a judge. They then
claimed to have found marijuana, however I know this is all a false
claim, I NEVER KEPT marijuana in my home after the bust of December
1995. I guess, considering the fact that no one was in the house
except for them, they could have found whatever they wanted, do
you understand? They needed to insure that the additional charges
would deter me from having an actual jury trial - but they thought
wrong. In the course of all of this injustice, the District Attorney's
advice was decided against, pressing the additional charges. I believe
he was doubtful of their authenticity. What has happened to our 4th
amendment right, of "UNLAWFUL SEARCH AND SEIZURE?"
Now, I am in prison at the expense of all of you good people. And
why? Because, 12 people decided that smoking and/or growing marijuana
is more harmful than murder. That is what it really comes down to.
My sentence is longer than they give murderers, rapists and child
molesters. Since I have been incarcerated I have received NO MEDICAL
TREATMENT whatsoever. I risk the loss of my left leg, from the knee
down. Is this how it was meant to be? Did I not serve this country
faithfully when she needed me? And now that I need her, where is
she? Hiding behind the skirts of "law and order"?
Disheartened is an understatement. I am lost. Lost in a system,
that just doesn't give a damn. Lost from my family and friends,
and for what purpose? Because I chose a clean and safe medicine.
Because I chose not to become an addict to the pharmaceutical
companies. Because I exercised my freedom of choice.
Upon research, I have found out that over 60% of the people in the
same private prison in which I now sit, are non-violent offenders.
This is costing the tax payers about 8 billion dollars a year.
Before I was sent to Texas, our governor of Oklahoma took 14.2
million dollars from the state educational fund and paid off
the debt owed to this facility.
Oklahoma is the 3rd largest incarcerator of people and we are 47th
in children's education, in the United States. We spend over a billion
dollars a year on out of state prisons. I am tired of the injustice
being inflicted upon the people who are in pain and suffering.
This is not what our country was based on. It is time for a change
in our state and in our nation. Take a long look at the government,
and police and you will see. This is not what our founding fathers
wanted. This is still a country of BY THE PEOPLE AND FOR THE PEOPLE!
It is our government to do with as we choose. It is time to take
control of our own destiny. If we don't, than it will be a time of
death for America as we know it to be. I hope that I have touched
some of you, I hope that you will remember me, and my family.
Once upon a time, I believed in America and what she stood for,
once upon a time I had life, liberty and the pursuit of happiness.
Help to put an end to this travesty. Don't make me a martyr for
Peace to all.
Back to the Wall
Next Prisoner of the War on Drugs
June 26, 2009 -- Drug War Chronicle (US)
American Nightmare -- Will Foster and Justice, Oklahoma Style
Will Foster became a poster child for the mindless cruelties of the
drug war more than a decade ago. The Tulsa small businessman and medical
marijuana user -- he suffers from degenerative arthritis -- was raided
by police with a warrant for a methamphetamine lab back in 1993. Police
found no meth, but they did find a small marijuana garden. The
unfortunate Foster was quickly sentenced to a mind-blowing 93 years in
Complete story at: