Foster's Request to be Free During Appeal Process is Denied

FRESNO, Calif. - We're following a developing story on former Fresno Police deputy chief Keith Foster. Foster asked a federal court judge on Monday if he could be out on bail while he works on appealing his guilty verdicts. But, the judge said no. Foster has to turn himself in by 2 pm this Saturday to start his four-year prison term.

Foster, who was once second in command of the Fresno Police Department, will spend four years at the medium security federal prison in Florence, Colorado. His request to stay in California fell on deaf ears.

Legal analyst David Mugridge said, "It's more reasonable to presume that he's gonna surrender himself here in town with the Marshals."

Mugridge has been following this case with us. He said he's not surprised Foster would try to delay going to prison.

"They are not normally granted as a rule, so it's not surprising that the District Court denied the motion for bail pending appeal," stated Mugridge.

According to documents, Foster claims he should be released because he's former law enforcement, and he's likely to have a more difficult time in prison. But Judge Anthony Ishii said the Bureau of Prisons will essentially be cautious with Foster's placement and security procedures. Mugridge said it's likely a reason why he's getting shipped to prison nearly 1,200 miles away.

He said, "It is not likely that he would be placed in general population for some time in any event."

Foster also asked the Courts to take into consideration his record of serving the Fresno community, but Ishii said Foster's drug convictions overshadowed that good work. The judge also said Foster, "... stained the reputation of the City's police department".

Under Federal guidelines, inmates must serve at least 85 percent of their time, which means Foster will serve at the minimum three years and four months.

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