Attorney: DWI case against Wilco deputy should be dropped - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Attorney: DWI case against Wilco deputy should be dropped

Posted: Updated:

The defense attorney for a Williamson County Sheriff's Deputy is speaking to FOX 7, giving us exclusive new details on why she thinks the case should be dropped.

Lt. John Foster was arrested for DWI on June 29th. For years he's been the spokesperson for the Williamson County Sheriff's Office. His attorney says the DPS trooper who made the arrest that night lied under oath about what happened.

Dashcam video FOX 7 obtained from the Williamson County Sheriff's office shows the arrest of Lt. Foster.

"Sound goes off, you hear nothing because he's turned his mic off," said Eve Schatelowitz-Alcantar, defense attorney.

That's the first thing Schatelowitz-Alcantar says she noticed wasn't right.

She questioned DPS Trooper Joseph Stuart, "and you, yourself, testified earlier, that you've been told you are not supposed to turn your mike off; isn't that true?" said Schatelowitz-Alcantar.

Stuart responded, "That's right."

When the mic is turned back on, "there's a conversation between him and trooper Nathanial Head. And they were clearly having a back and forth discussion as to the merits of the arrest," said Schatelowitz-Alcantar.

But when Schatelowitz-Alcantar asks Stuart, "why did you turn your mike off?"

Stuart responded, "I was just taking a break, talking to myself, getting everything ready to go."

He denies consulting the other trooper. When Stuart takes Foster to the jail, he is required to take a breathalyzer, which later reveals his blood alcohol level to be .09, over the legal limit.

"Trooper Stuart testified that he was watching, and or the other mystery intoxilyzer operator was watching, but I have proof there was not one there," said Eve Schatelowitz-Alcantar.

That comes from documents Schatelowitz-Alcantar just received from the Williamson County Sheriff's Office.

 

"It's very concerning the fact that we have got a trooper who carries a badge and a gun, that drives a patrol car and has the ability to pull people over, stop them and arrest them. They could lose their job, their life, their wife, their family, their career, everything over an arrest like this," said Schatelowitz-Alcantar.

Foster's attorney says she has provided evidence of perjury to Williamson County Attorney Dee Hobbs but nothing has been done.

"I have asked him for comments. I have asked him to contact me back. He has not responded to my requests at all and he intends to go forward with the case where he knows with concrete evidence that this trooper is a liar on the stand," said Eve Schatelowitz-Alcantar.

In response, the Williamson County Attorney's Office sent the following statement:

"The Williamson County Attorney's Office is disappointed by defense council's decision to release evidence related to a pending criminal matter outside of the courtroom. Pretrial public disclosure of evidence has the potential to taint a jury pool and create difficulty in ensuring a fair trial for both the state and defendant. We are also disappointed by defense council's decision to publicly attack a witness to an ongoing criminal matter outside of the courtroom."

Other evidence has also been brought up by the defense attorney.

Wednesday she decided to go forward with a jury trial that is set to take place April 7th.

Powered by WorldNow

KTBC FOX 7
119 East 10th Street
Austin, TX 78701

Phone: (512) 476-7777
Fax: (512) 495-7001

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | New Terms of Service What's new | Ad Choices