Same background. Same crime. Different race. Different sentence.
He may be unaware, but that doesn't mean he's not biased. "Foster locks up whites for an average of 224 days for felony drug possession. He gives blacks charged with the same crime and who scored the same points an average of 562 days — nearly a year longer. Foster adamantly denied discriminating against black defendants. “From my viewpoint, 29 years on the bench, I don’t care if a defendant is black or white or male or female," Foster said. "I am unaware if that enters my mind in any of my decisions.” Foster said that every case is different, and even if two defendants commit the same crime under similar circumstances, he believes it is unfair to compare the outcome. While not addressing the racial disparity, he said his rulings reflect the desires of his community in Nassau to take a hard line on drugs in all cases. "If you have a community that believes selling drugs is wrong, and there should be consequences to it, there will be sentences that comport to that," he said. "I am part of the community. I reflect the values of my community.”"