Defendant turns combative during arraignment

WEDOWEE–An uneventful guilty plea date turned tense when Fifth Judicial Circuit Judge Tom F. Young attempted to arraign Danny Foster on a first-degree escape charge.

Foster, who was convicted of assault charges in November of 1996 and was awaiting transfer to state prison to serve a 30-year sentence, escaped by sawing through his jail cell bars and squeezing through the window, climbing a chain link fence and fleeing.

That was 18 years ago. Captured in February in Miami, Fla., he is now serving time in an Alabama prison but is still facing that escape charge in Randolph County. He was convicted of assault in the shooting of his ex-girlfriend and assault for the shooting of their baby son she was holding.

The judge asked Foster why not serve the rest of his sentence, then they would bring him back on the escape charge. During the exchange the judge told Foster he was being unnecessarily difficult–that he was trying to provide him with an attorney to help guide him through it. Foster was saying his constitutional rights were being violated. The discussion ended there, with him being taken back to the jail. Later, he did not want to come back to court. He was returned because the judge said he had to be arraigned, which is when defendants enter a plea and it is made certain they have legal representation.

One of Foster’s comments was that he wanted a determination the courtroom was within the United States. An unfazed Young said he made that determination. When Foster did not respond on a plea, the judge entered a not guilty plea on his behalf. Foster had asked for a speedy trial, and while the judge was asking him if he still wanted a speedy trial, Foster turned his back on the judge and was talking over what the judge was saying. Some court personnel told him the judge was talking to him, but he ignored them. One deputy touched him on the arm and he snarled at the deputy not to touch him. At that point people sitting in nearby chairs quickly moved away from Foster, and he was surrounded by deputies. Probation officers quickly got to their feet ready to move in and help restrain him if necessary. As he was escorted out of the courtroom Foster was saying things like “you will be getting papers.”

(For more cases from Randolph County Circuit Court see the April 23 issue of The Randolph Leader.)