A federal judge has granted a motion by a U.S. Attorney asking for more time in filing a response to motions on behalf of Mike Foster who is seeking to have the criminal case against him stemming from the Living the Dream incident dismissed.
U.S. District Judge Aleta A. Trauger is giving U.S. Attorney David Rivera until February 10 to respond.
Hal Hardin, the attorney for Foster filed a motion last month asking the federal court to dismiss the case against the county mayor alleging that the former UCDD Chairman made false statements to the agency’s board of directors relating to the Living the Dream facility, a home for seniors in Putnam County.
In his motion to dismiss, Hardin claims that “Mr. Foster is entitled to dismissal of the charge because the “statements” he made are ambiguous to such an extent that they cannot be prosecuted as a crime”.
Hardin has also filed a motion for a “Bill of Particulars” seeking specificity of the charge against Foster, and a motion for “Severance” claiming that Foster would be prejudiced by a joint trial with his co-defendants Wendy Askins and Larry Webb.
U.S. Attorney Rivera has since submitted a request for an extension of time in filing responses to Foster’s motions.
In his pleading, Rivera said “At the December 10, 2013 status conference the Court established pretrial deadlines. The court ordered a deadline for the Government’s responses to Foster’s pretrial motions to be January 10, 2014.
The United States is seeking an additional 30 days to respond to Foster’s motions.
Foster’s motions raise several legal issues and will take significant time to research. The United States is seeking additional time in order to fully address the issues raised.
The United States has been advised by Foster’s counsel that Foster does not object to the request for additional time to respond to his motions.
For the reasons stated above, the Government respectfully requests that it be granted a 30 day extension to file its response.
Again, U.S. District Judge Trauger has granted a 30 day extension.
Meanwhile, Askins, the former UCDD Executive Director, filed a motion last month seeking a delay in her trial date with co-defendants Foster and former UCDD Deputy Director Larry Webb because her daughter is getting married during that time.
The trial is set for May 20. Askins claims her daughter is to be married on May 24. The date for the wedding was selected in April 2013, long before Askins was indicted in the case.
Webb’s attorney, Edward Yarbrough, has responded to Askins motion. Yarbrough said Webb has no objection to a delay because more time is needed to prepare for the trial anyway.
Hardin, Foster’s attorney, is opposed to a continuance at least as far as Foster is concerned. “Foster appreciates the situation involving Askins’ difficulty in trying this case on the date presently set. However, Foster wishes to dispose of his case at the earliest possible moment, and therefore, suggests that his case be severed as previously requested, dismissed and or tried at an earlier date,” said Hardin in his response to Askins’ motion.
No ruling has yet been made on Askins’ request for a delay of the trial.
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