Ex-Judge Gets Revised Term for Stalking

By Mark A. Hutchison
Daily Oklahoman [Oklahoma City, OK]
March 4, 2000

Former Lincoln County Judge Robert Foster will serve a five-year suspended sentence for assaulting a 12-year-old girl he knew from church and then not staying away from her.

District Judge D.W. Boyd of Kay and Noble counties also ordered Foster to serve the first two years under supervised probation. In addition, Foster must perform 100 hours of community service, and it cannot be served around children under 18.

District Attorney Kay Christiansen recommended Foster serve 30 days in jail as part of his sentence. She said the Oklahoma Bar Association could take action against Foster because he is a convicted felon.

Thursday was the second time Foster, 74, has been sentenced in the case. The first conviction was in July 1998 when he pleaded no contest to a count of assault with intent to procure lewd and indecent photographs of a minor child.

He was given a five-year deferred sentence at the time, meaning his record would be expunged if he met the conditions of his probation. One of those conditions was that he stay away from the victim and her family.

But the girl told police that she thought Foster was stalking her after seeing him on three occasions in 1999.

Christiansen then filed paperwork to revoke Foster's deferred sentence. During a hearing that concluded Thursday, the victim testified she saw Foster in February 1999, outside the Chandler field house where she had been playing basketball.

She also testified that Foster drove by her home on June 30, and that she saw him drive by three times on Sept. 13 at the Chandler field where she was playing softball.

Foster's attorney, Larry Lenora of Chandler, said his client never made facial or body gestures to the girl, nor was he aware of her presence at the athletic events.

Lenora said he will appeal Judge Boyd's ruling.

Foster was charged in May 1997 with lewd molestation and procuring lewd exhibition of a minor. Prosecutors said he tried to coax the girl into letting him photograph her breasts.

The incident happened while the girl and her younger sister were spending the night with Foster in April 1997. He had met the girl at a Meeker church were he was a deacon and she was an altar girl.

Foster served as Lincoln County judge from 1951 until 1969 and then as an associate district judge until 1985.


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