Grayson County District Attorney John Kermit Hill announced Friday that the Kaufman County District Attorney’s Office will now handle the prosecution. Hill said the decision was made to ensure full transparency and public confidence in the legal process.
“To take away any doubt that this case is being handled fairly and impartially, that’s why I asked Judge Fallon to appoint an attorney pro tem,” Hill explained.
A Grayson County grand jury indicted Foster on Wednesday. The case will now move forward under Kaufman County District Attorney Erleigh Wiley, with First Assistant District Attorney Marc Moffitt presenting the evidence that led to the indictment.
Hill’s office declined to comment on any new evidence that may have led to the indictment.
Background on the Case
On April 21, 2020, Katie Palmer and her husband, John Palmer, were walking near their home in Denison when they were struck by a pickup truck driven by Foster. John Palmer was injured in the crash; Katie Palmer died from her injuries.
The case drew widespread public attention after John Palmer publicly criticized how then–District Attorney Brett Smithhandled the investigation and prosecution of Cory Todd Foster. KXII News reported that Palmer accused Smith of failing to prosecute Foster despite clear evidence of wrongdoing.
In March 2024, Smith lost his reelection bid to John Kermit Hill following months of controversy over his handling of the Palmer case. According to KXII News, Hill defeated Smith in the Republican primary for Grayson County District Attorney.
What is a recusal?
Forney criminal defense attorney Robert Guest of Guest and Gray Law Firm in Forney explained that such transfers between prosecutorial offices are not unusual in Texas.
“In Texas a District Attorney may recuse themselves for good cause,” Guest said. “A common reason is that the District Attorney knows the defendant or victim in the case, and they want to avoid the appearance of bias. If a District Attorney is recused another DA’s office will take over and prosecute the case,” Guest explained in a statement to InForney.com.
What’s Next
The Kaufman County District Attorney’s Office will oversee all upcoming court proceedings and filings related to Foster’s prosecution. No trial date has been set.
