From DeSoto, TX. Anyone know anything about him?
The name doesn't ring a bell. What do you know about this guy? What specifically is he going to testify about?
All I know is that the defense listed him as an
expert witness in an upcoming DWI trial.
Did you ever get any more information on Charlie Foster? He is listed as a defense expert in a DWI case I have. Now, the notice of expert says that he will testify that the officer failed to administer the HGN and did not administer the walk and turn or the one leg stand tests correctly, and it is his opinion that the officer cannot use the test as justification for arrest. I think I can keep that opinion out at a 702 hearing because that�s bogus expert testimony - whether the officer can use those as justification for arrest is purely a question of law. What are your thoughts?
Is this the same Foster from Addison PD??
ALSO - please see a recent email from an investigator in our office with same inquiry:
ANYONE WHO HAS ANY INFORMATION ON EX-OFFICER, NOW DWI EXPERT WITNESS FOR THE DEFENSE, CHARLIE FOSTER, PLEASE CONTACT EASTLAND DA INVESTIGATOR KENNETH PRESTON @ 254.629.2659. HE HAS A DWI CASE GOING TO COURT TOMORROW AND NEEDS INFORMATION ASAP IF YOU HAVE IT. YOU CAN ALSO EMAIL HIM AT KENNETH@EASTLANDCOUNTYTEXAS.COM.
Charlie Foster showed up and testified as an expert in a suppression hearing on DWI case. He said he was a cop for 28 years, stays current on SFST but not on Intoxilyzer. He testified that the HGN should be inadmissible because not done correctly (smooth pursuit checked in 10 sec vs 16 sec; max deviation checked for 3 sec vs 4 sec); also said Walk & Turn & OLS inadmissible because Def said he had surgery on left knee 10 months prior to the arrest (Def said rt knee was fine and stood on rt leg for OLS).
As for the suppression hearing, I was able to get the motion denied, citing COMPTON v STATE 120 S.W.3d 375.
The case is set for trial the week of Jan 19, 2009 (evidence probably on Wed, Jan 21) and the Def atty has promised to send me C.V. on Foster. Anyone who wants the C.V. can contact me at (903) 654-3050. If anyone has Mr. Foster coming for a trial before then, please let me know.
I'm continually amazed at how these guys, who claim to be experts on the SFSTs, fail to talk about the 2005 study that was done by Doctor Burns. Could it be the fact that the study would contradict their "expert testimony"? These guys are all the same. They only testify to what helps them and conveniently leave out things that will hurt them.
Every DWI prosecutor needs to read Dr. Burn's study which was finally published by NHTSA this year. Here's a link to the study http://www.nhtsa.dot.gov/staticfiles/DOT/NHTSA/Communication%20&%20Consumer%20Information/Traffic%20Tech%20Publications/Associated%20Files/tt339.pdf
If Foster testifies in the trial, this would make great material to cross him on, and make the jury see how biased he is (grin).
Can you email me email@example.com a copy of his CV when you get it? Thanks
I tried a DWI case in which the Defense called Charlie Foster as an expert on SFST in Jan '09.
If you get notice that he is to be called as an expert, call me!
He is, not surprisingly, very knowledgeable about SFST, but has some very odd and contradictory ideas, and he testified to them.
A. Officers can only use the 3 standardized tests to form a decision to arrest (not 'totality of circumstances'), but may use other indicators to decide NOT to arrest.
B. The HGN test is unreliable and should be thrown out and never used again. (he draws this conclusion from a study published by [but not commissioned or adopted by] NHTSA, titled "The Robustness of the Horizontal Gaze Nystagmus Test.") Ironically, the authors of the study conclude that HGN is not only reliable, but it's reliable even with some common variances from the standard procedure. i.e. stimulus moved to fast in test for smooth pursuit.
I have some more detailed notes on Mr. Foster's testimony and the authorities he cited for his conclusions. It is plenty to destroy his credibility if done right.
My office line is (903) 654-3050.
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