Former Fresno Police deputy chief Keith Foster rejects plea deal, headed to trial for federal crimes

FRESNO, Calif. (KFSN) -- Former Fresno Police deputy chief Keith Foster has rejected a plea deal by federal prosecutors.

His attorney says he plans on taking the case to trial.

All of the defendants in this federal drug conspiracy case have been made plea deals. Action News has learned Foster was presented with an offer of about four years, which he turned down.

Foster left the federal courthouse Monday without saying a word. His nephews and codefendants Denny Foster and Randy Flowers are also out of custody.

Inside court, Foster's attorney Marshall Hodgkins told the judge he is still waiting to get discovery in this case.

Federal prosecutors told the judge forensic analysts have still not analyzed Foster's Fresno Police work computer and are awaiting an analysis from investigators.

"Whatever's there can never be deleted," legal analyst Tony Capozzi said. "So, it's going to be there and it's going to take time to pull it up. So it's going to take time but it's important information that needs to be turned over."

"It may be important to the defense of this case."

So far, Hodgkins been given 40,000 pages of evidence from prosecutors. He is still waiting on information collected from a software company that clones text messages and records GPS data.

Capozzi says Foster is in a difficult situation either way.

"Whatever chief Foster pleads to the problem, he is going to have is that he is going to have to admit to everything that's in the indictment," he explained. "He may plead to one count and the other counts will be dismissed, but when it comes time for sentencing, all of the facts in the entire conspiracy and the entire complaint are going to be brought in against him. His sentence is going to be based on that."

The former second-in-command at the police department is exposed to 20 years in prison.

Monday, his pastor also showed up to the hearing to offer moral support, but he declined to talk about how Foster is coping these days.

Foster's attorney says he plans to take the case to trial next year.

The judge could also consider his position of trust in determining what type of punishment he should receive.