ILNews

Death penalty foe Foster pumps up federal defenders

Back to TopCommentsE-mailPrint

“I have the best job in Indianapolis. I love this job.”

Monica Foster is talking about the position she’s held since Sept. 1 – executive director of Indiana Federal Community Defenders Inc. Renown for her successful defense of capital cases and her outspoken animus toward the death penalty, she says her new role leading a team of defenders in the federal courts is a natural progression.

Foster is in charge of an office of about 15, including six attorneys, responsible for court-appointed defense work for people charged in the U.S. District Court for the Southern District of Indiana, based in Indianapolis.

il-Monica_Foster02-15col.jpg Monica Foster has taken over as executive director of Indiana Federal Community Defenders Inc. in the Southern District. She replaced Bill Marsh, who retired after 17 years as the sole leader of the agency he founded.(IL Photo/ Perry Reichanadter)

“In some ways this is a continuation of a lifelong pursuit of indigent defense,” she says. “Turns out I liked doing the administrative stuff, too.”

That includes cajoling the federal court system to open its pocketbook – another skill she finds in common with her work as a public defender.

“I love playing the angles. The federal government has got formulas for everything,” she says of her office’s funding. So, she’s angling to put more cases on the books to bulk up the bottom line.

Case in point: Foster successfully reopened every crack cocaine sentence in the district in light of the Fair Sentencing Act of 2010, which she says hadn’t been done prior.

The law aims to correct disparities in sentencing that gave harsher prison terms for convictions of rock cocaine offenses versus convictions of crimes involving powder cocaine. The U.S. Supreme Court in June further ruled that the law also applied to those who were convicted before the law was passed but who were sentenced afterward.

Foster’s lobbying succeeded, and as a result, she leveraged funds for a new attorney and realigned the responsibilities of another position in hopes of further widening the office’s services.

“I want all of those cases out of here in six months,” she says of the crack cocaine cases.

Foster inherited an agency that since its founding 17 years ago had been run exclusively by Bill Marsh, who retired this summer.

“I believe I’ve got the best staff in Indianapolis,” Foster says. “I would put my staff of lawyers up against any firm in town.” Staff attorneys are Gwen Beitz, Joe Cleary, Bill Dazey, Mark Donahoe, Juval Scott and Sara Varner.

IFCD attorneys will be working some high-profile cases soon, including the prosecution of 42 members of the Outlaws Motorcycle Club of Indianapolis on drug, extortion and other charges; and the prosecution of two Westville Correctional Facility inmates accused of running a prison methamphetamine and heroin smuggling ring.

IFCD board president Mark Inman has known Foster since they both were students at Indiana University Robert H. McKinney School of Law in the early 1980s, and he says she rose to the top of a qualified group of candidates.

“We were fortunate with what we had in front of us, but Monica stood out because of her experience, and she had some very good ideas about what to do with the office,” Inman says.

Among those ideas: Doing habeas work for the 58 inmates on federal death row in Terre Haute, which lies within the Southern District’s jurisdiction. It’s another angle for Foster. “I think it’s not right that our office has not had a presence in those cases,” she says.

She argues those on federal death row received unequal defenses in various federal courts around the country, and there are strong arguments to be made – including economic ones – that appellate federal death row work should be handled, with the court’s consent, in her office.

Inman says Foster has always shown an ability to make big things happen.

“Both of us were interested in doing criminal defense work from the get-go, and she’s always been able to speak her mind and voice her opinion, and yet she’s always been very collegial and able to get along with people,” Inman says.

Killing the death penalty

“Oh, we killed the death penalty in Indiana.”

Foster is talking about a concerted effort by defense attorneys that led to the adoption of Criminal Procedure Rule 24 in 1992 and subsequent changes that raised the requirements for death penalty defense as well as the cost of trying those cases.

She acknowledges her hyperbole – the death penalty is still on the books – but she says it will be rare when a prosecutor makes the call to try a capital case. “At the end of the day, we wanted to save people more than they wanted to kill them,” she says.

“She has a stellar reputation as someone that not only knows what she’s doing, but cares about what she’s doing,” says Indianapolis private practice criminal defense attorney Ross G. Thomas, who represented clients on a multi-defendant case with Foster in federal court years ago.

Lewis Wagner LLP founding partner Robert F. Wagner has known Foster since she was a student. “My wife and I kind of adopted her,” he says.

“I recognized early on when working with Monica that she was just very, very bright, and I see a lot of lawyers,” Wagner says. “She was just one of those individuals that stood out as having an unbelievably sharp talent in recognizing issues and having the courage to work on complex and oft-times problematical cases.

“Death-penalty cases – looking back at my legal career and knowing people who have worked in the criminal end – I think they are the toughest cases anyone can ever take on,” he says. “It takes a lot of courage to look the lion in the eye, if you will, and stand up to public and private scrutiny, and hold your head up.”

Foster’s husband, defense attorney Robert Hammerle, says that because of the emotional difficulties of practicing criminal defense, the couple had an arrangement when they practiced together – they drove separate cars to the office.

“She’s an acerbically funny woman and she can find something funny in the nastiest set of legal facts,” Hammerle says. “But there’s also the downside where you wind up in some difficult moment, and you drive home by yourself, and you get over it.”

Wagner acknowledges a bit of surprise that Foster took her new position, despite what he calls a perfect fit. “She was just so damn good at what she did,” he says.

“People don’t know this, but she has a national reputation,” Wagner continues. “She travels off to different states and is considered a great lecturer. I’m from New England, and I know lawyers up there who know Monica Foster.”

U.S. Judge Jane Magnus-Stinson also was a McKinney classmate of the new IFCD executive director and says the kind of experience that Foster has leading and managing teams on death penalty cases will transfer well in her new capacity.

“I think Monica is way more than a one-trick pony,” Magnus-Stinson says. “I think that she’s really worked toward a position like this her whole career.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT