Charges against County Mayor Mike Foster in connection with the federal probe of the Upper Cumberland Development District and the ‘Living the Dream’ facility have been dismissed.
Hardin spoke with the Review by phone Friday afternoon, saying that the indictment was being dismissed with prejudice, which means that the case can never be brought against Foster again. The attorney also said the mayor signed documents agreeing not to sue for any damages he may have suffered as a result of the indictments.
"It is over, and it has been dismissed with prejudice, which means that it can’t be brought back,” Hardin said. “A notice was filed by the prosecutors stating that they no longer wished to pursue the charge.”
Foster told the Review Monday that it was a great relief to be able to put the matter behind him.
“I really grateful it’s over. They’ve dismissed it, and that’s the end of it,” he said. It’s a shame that the timing was the way it is, people were asking me if I was going to run for re-election, and I was telling them that I was not as long as this was going on, but if it got dismissed that I would.”
Foster also expressed his thanks to the attorneys who represented him.
“I am also grateful to my attorneys, Hal Hardin and Harold Donnelly, who are the best representation I could have asked for. They did a very good job, and I am thankful I had them on my team,” he said.
The mayor said even though he felt sure that he would be exonerated, being under federal indictment is still a stressful situation.
“The attorneys read this, and said ‘Where’s the crime?’ Even Phil Williams (of NewsChannel 5) said that he couldn’t believe they indicted me. He shared all his recordings of the meeting, which was a great help to my attorneys,” Foster shared.
He said the support of the community was a great help during the ordeal.
“I really appreciated the local people who supported me through this, the people who came up to me and told me that they were praying for me, and their church was praying for me,” said the mayor. “You don’t know how much that means until you are in that situation.
“It changes your perspective on every detail of your life that you took for granted. Suddenly you appreciate every little smell in a way you didn’t before. I don’t wish for anybody to have to go through this, but it will change your perspective on life. It’s just such a relief that it’s over, and to know that some people still believe in you,” Foster concluded.
The order to dismiss the charges against Foster, filed in federal court on Feb. 14 reads:
“It appears to the Court from the signatures below of the defendant, the defendant's attorney, and the attorneys for the government that the parties have agreed that the indictment should be dismissed with prejudice.
“The parties and their attorneys further agree that no factual concession or admission concerning any matter in this case is being made by either party but rather the dismissal is based on a mutual desire of the parties and their attorneys to resolve this case without the necessity of further proceedings. The parties and their attorneys further agree that the defendant shall not authorize, file or otherwise pursue any alleged claims he may have against the government for failure to prosecute him, for a claim that he is a "prevailing party", or any other claims he may have pursuant to 18 United States Code, Section 3006A. The parties further agree that the defendant's waiver of his claims is done knowingly, intelligently, and voluntarily.”
Foster picked up his qualifying petition from the election commission Friday, and will face Smithville Alderman Tim Stribling in the May 6 Democratic primary.
The winner of the primary will then face Republican nominee Chris Smithson and independent candidate Chris Batcher, II in the August general election.
The qualifying deadline for county offices is noon, Feb. 20.
Foster cleared
Announces plans to seek re-election