MAN long suspected in mother's death waives extradition

TULSA, Okla. (AP) _ An Oklahoma man agreed Tuesday to be returned to New Mexico to face charges he killed his mother 26 years ago and buried her in their back yard. <br><br>Roy Douglas Foote, 52, nodded

Tuesday, June 19th 2001, 12:00 am

By: News On 6

TULSA, Okla. (AP) _ An Oklahoma man agreed Tuesday to be returned to New Mexico to face charges he killed his mother 26 years ago and buried her in their back yard.

Roy Douglas Foote, 52, nodded in agreement when asked by a Tulsa County judge if he wanted to waive his extradition to New Mexico.

Judge Kyle Haskins said authorities from New Mexico had 10 days to pick up Foote. He scheduled a June 28 hearing and said ``if they don't come and get you, you could be released.''

Foote's attorney Garvin Isaacs declined to comment on his client's decision not to fight extradition in the long-standing case. He said Foote would be returned to Santa Fe.

Foote is accused of murdering Donna Foote in 1975 and burying her body in a flower bed. He has told authorities his mother died of natural causes in 1977 in Maryland and her cremated remains were spread over Santa Fe, N.M.

Santa Fe detectives said DNA tests have confirmed the bones found under a rose bush in 1993 belonged to Donna Foote.

Foote's attorneys had fought to keep detectives from comparing his DNA to the bones they unearthed, alleging Foote was forced to surrender a DNA sample.

He was arrested on a murder warrant in Sapulpa on May 9.

During the hearing, Isaacs asked the judge if he would issue an order for the David L. Moss Criminal Justice Center in Tulsa to provide some clippers to trim Foote's long, wavy gray hair. Isaacs said the jail had not granted his previous requests.

``I'm not sure how to accommodate you. That's a first,'' said Haskins, declining to grant the order but agreeing to let the request stand as part of the court record.