Crime Stories with Nancy Grace - Young Mom of 2 on Morning Walk with Hubby MOWED DOWN BY ALLEGED BOOZER, NO ARREST

Episode Date: September 27, 2022

In April 2020, Katie and John Palmer, walking in their Denison, TX neighborhood are struck from behind by an F-250. The couple is knocked about 75 feet.  John Palmer, who suffers a broken back, crawls over to his wife, watching her take her last breath. The driver was later identified as Cory Foster, one of the Palmer's neighbors.  Foster tells cops that fog and sun glare prevent him from seeing the couple. Cops push for a breathalyzer test and Foster blows a .06 BAC, but no blood test was conducted.  House Bill 558 passed after Katie Palmer's death. This bill ensures that drivers are blood tested when involved in any accident that causes serious bodily harm or kills a pedestrian. The legal limit in Texas, is .08 BAC.  After questioning, a trooper takes Foster home. A grand jury has twice declined to charge Cory Foster.  The Palmer family has a civil suit pending against Cory Foster. A jury trial is set for October 17th.  Joining Nancy Grace Today: John David Palmer - Victim, Katie's Husband, Facebook: "Justice For Katie Palmer", Twitter: @for_palmer and @palmerjohndavid   Wendy Patrick - California prosecutor, author “Red Flags” www.wendypatrickphd.com 'Today with Dr. Wendy' on KCBQ in San Diego, Twitter: @WendyPatrickPHD  Dr. Angela Arnold - Psychiatrist, Atlanta GA, AngelaArnoldMD.com, Expert in the Treatment of Pregnant/Postpartum Women, Former Assistant Professor of Psychiatry, Obstetrics and Gynecology: Emory University, Former Medical Director of The Psychiatric Ob-Gyn Clinic at Grady Memorial Hospital   Joe Scott Morgan - Professor of Forensics: Jacksonville State University, Author, "Blood Beneath My Feet", Host: "Body Bags with Joseph Scott Morgan"  Nicole Partin - CrimeOnline.com Investigative Reporter, Twitter: @nicolepartin  See omnystudio.com/listener for privacy information.

You're listening to an iHeart Podcast. Crime Stories with Nancy Grace. A gorgeous, young Texas school teacher, the mother of two, loved like crazy by her husband. She is out in her own neighborhood with her husband taking a walk. This young mom, when out of the blue, a car careens across the road and mows her, Katie, down dead and breaks the husband's back. Now, wait. Up all night, drinking whiskey, blows a.06 in a breathalyzer. But guess what? He's never done one day of jail time.

What is happening in Texas? Why is this guy walking free? I don't get it. Why are there two little children, a boy and a girl, just like my boy and girl, that every night go to bed and say, where is mommy? That's what I want to know. I'm Nancy Grace. This is Crime Stories.

Thank you for being with us here at Fox Nation and Sirius XM 111. Are we going to just stand by and let this happen? What? Oh, well, I don't know her. Doesn't matter to me. I don't take a walk in that neighborhood. If we let this happen to her and nothing is done about it,

what about when it is you or your wife or your husband or your child, your daughter that gets mowed down on the side of the road and nobody does a darn thing about it? I'm Nancy Grace. This is Crime Stories. Thank you for being with us here at Fox Nation and Sirius XM 111.

First of all, take a listen to our friends at KXII. On the morning of April 21st, Katie and John Palmer went for a walk in their neighborhood. Fifteen minutes later, their neighbor, Corey Foster, hit them from behind with his F-250, knocking them out of their shoes and throwing them yards away.

What's your name? John broke his back and somehow still managed to crawl over to Katie, who was unresponsive after a blunt force trauma to her head. Hey, John, is that your wife? What's her name? Katie Palmer. Katie was flown by helicopter to a hospital. Yeah, dude. You know what the f*** that is? This is the body camera footage of DPS troopers from April 21st, 2020, the day that John and Katie Palmer were hit by an F-250 pickup truck driven by

Corey Foster while walking in their neighborhood. Katie was flown to a hospital and died there. John broke his back. I was angered by what I saw. You are hearing our friends at KXII, and joining me right now is the man who broke his back and somehow managed to crawl to his wife, the mother of his children, Katie. If you didn't know her name before, now, Katie Palmer. Not just a wife, not just a school teacher, not just a mother. But now she stands for something.

She's standing for something altogether different than before. This killing. Now she stands for all the victims whose voices are never heard in a court of law. John David Palmer is with me, Katie's husband. You can find him on Facebook at Justice for Katie Palmer. John, thank you for being with us. As much as I hate asking you this on a personal level, please tell us what happened the day Katie was mowed down. Yes, ma'am. Ms. Grace, I would like to say thank you so much for discussing Katie's case. Thank you. And that

thank you comes from myself, my family, and my community. So on April 21st, 2020, I woke Katie up to go for a morning walk with me. She had asked me the night before to wake her up. She never went on morning walks with me. So when I woke her up on the 21st, she wanted to go back to sleep. And I told her that I reminded her that she asked me to wake her up and she got up again. That was the first and last time she ever took a morning walk with me. I went and woke up our son, Brandon, and let him know that his mother and I were going to go out for a morning walk. Brandon would routinely walk with me in the morning,

and I'm so thankful that he decided to sleep in. We let our daughter, Bella, didn't wake her up because she's a late sleeper. So- Was this a Saturday? No, ma'am, it was not. It was during the weekday and this was basically about the height of COVID. So, you know, the kids were doing distance learning

and my wife as a teacher was logging in and teaching her students remotely so we started to turn walk down our road Glenwood Drive which is a two-lane road outside the city limits paved grass on both sides no no sidewalk we started to walk west on Glenwood Drive and there's an old golf course by us and we would normally go walk on that golf course because it had paved trails. Katie didn't want to, there was some dew on the ground. She didn't want to get her legs wet because she's probably gonna go back and take a nap

before she had to log in and remotely teach her students. So we decided to keep on walking down Glenwood. There was a patch of undeveloped lots for houses and she had noticed when she went to go walk with the kids in the afternoon that there was some killdeer birds that were nesting on the ground. She studied ornithology in college and as a science teacher, loved science and nature. And so she was going to come and take me to where those killdeer were. So we walked over to these undeveloped lots and looked and didn't see any and decided to turn back around and go home.

So then we were heading east on Glenwood Drive, walking alongside the roadway, and we got to that golf course, and that's when my neighbor, Corey Todd Foster, crossed over the roadway and hit us both from behind. Whoa, whoa, wait, wait, wait. John Palmer with me, Katie's husband. You just said he passed over the roadway and hit us from behind. So you were walking on the side of the road. On the opposite side of the roadway. Were you walking in the direction of the traffic on that side? Yes, ma'am. So you're walking on the right side of the roadway. Were you walking in the direction of the traffic on that side? Yes, ma'am. So you were walking on the right side of the road?

Correct. Okay. And what happened, you said, he, driving his truck, crossed over the roadway and hit you from behind. Explain that to me. So he left his house and he would later state that he couldn't see the minute he left his driveway. So that his windshield was foggy. So he had blocked the condensation on his windshield and couldn't see and started driving down Glenwood Drive blindly and approximately three-tenths of a mile later, so he was driving blind approximately three-tenths of a mile later, so he was driving blind for three-tenths of a mile, crossed over the roadway

and hit us both from behind as we were walking alongside the road. Hit us so hard, he knocked us both out of our shoes. Katie was... Okay, wait, wait, wait, wait. I'm sorry, Mr. Palmer. With me is Katie's husband. With her at the time she was mowed down and killed. I've never in my life had a live victim be able to tell me I got knocked out of my shoes? Can I tell you how many killings, murders, vehicular homicide scenes I have gone to myself in the middle of the night and I see the victim's shoes and I never really understood why are their shoes there and I saw it over and over and over

what do you mean you got knocked out of your shoes we were we were walking alongside the roadway and um the the impact um caused us to come out of our shoes as we we were walking so Katie was knocked out of her shoes and I I was knocked out of my shoes. She was sent approximately 70 feet, and I was sent around 70 feet as well into the golf course. Take a listen, everybody, to our friend Stan Smith. DPS says Tuesday morning, Katie and her husband John were walking in their neighborhood on Glenwood Drive north of Denison when they were hit by a pickup truck John Palmer was taken to a local hospital and troopers say he is expected to survive Katie was flown to a Plano Hospital and passed away just before one

Wednesday morning a young person that this made such an impact on so many people and would have continued to do so. Had she lived, had this guy, Corey Foster,.06 breathalyzer, the cops could still smell the booze on him as he changed his story from one thing to the next to the next. Mowed them down from behind. Crime Stories with Nancy Grace. John Palmer, you were knocked out of your shoes along with Katie. What happened next? So I was hit and I could see Therese's truck, his Ford F-250. It seemed like we were going about the same speed. And I hit the ground and rolled, tried to get up.

I couldn't get up. I felt like I had a ratchet around my torso that was tightening. Couldn't stand up. And that's when I looked over and I saw Katie. Katie was, she was resting on her left elbow and she was looking in my general direction, but looking over me. And, um, she let out this, um, this, this moan, um, had a lot of pain in it. And I tried to get up, couldn't.

I started to yell for somebody to call the police to call the cops that's when I heard Corey Foster identify me by name and he said something to the effect of I'm sorry John I didn't know as you I couldn't see I'm crawling over to my wife because I can't stand up I can't get up and get over to her fast enough so I'm crawling over to her wife because I can't stand up. I can't get up and get over to her fast enough. So I'm crawling over to her and I'm yelling for somebody to call the police, to call the cops. I get over to Katie. I lay her down on her back. Um, this grace and I saw that she wasn't breathing and I was begging for her to breathe. Um,

I just thought if she could only breathe that everything was going to be fine. And then she let out this gasp for air and I thought everything was going to be fine. And then she started to take breaths, short, labored, shallow breaths about every 10 to 15 seconds. At that point, a neighbor of ours had stopped, had asked Corey what had happened, and she ran over and sat next to us. And she was a very calming voice. We both were telling Katie that she was going to make and everything was going to be fine. And that's when I saw that she wasn't blinking. Her eyes were fixed. They were staring straight up in the sky. And then I went from begging her to breathe to begging her to blink.

She just didn't. And then fairly quickly, we started to hear sirens in the background. I would say within a reasonable amount of time, firefighters and EMS showed up on scene. They immediately started to care for Katie. I heard them talking about a helicopter, and then they asked me if I had gotten hit, and I told them that I did. They loaded me up on a gurney, put me in the back of an ambulance. That's the last time that I saw Katie that day. She was flown by a vertical evac helicopter to a trauma center in Plano, Texas, approximately 60 to 70 miles away. And I was driven to the local hospital and put in the ICU. John, when did you learn Katie had died?

I'm going to apologize if I get emotional. So I couldn't get any answers that day. Pardon me. You know, very shortly after what happened, I kept on asking if anybody had any information on Katie. And no one did. I had gotten a call from a relative that had told me that she wasn doctor said that there was nothing that they could do. Nothing. Nothing. And those are hard words for anybody to hear.

That somebody that you love, that your soulmate, your wife, mother of your children, somebody that you're going to spend the rest of your life with is not going to make it. So I knew hours after that we were going to be without Katie. And then I got a phone call after, I believe there was a doctor. They had to wait for a doctor to perform tests to verify that she was, in fact, brain dead. And that occurred the next morning at one in the morning. I got a phone call from the trauma hospital stating that they had run tests and Katie was in fact brain dead.

And that's when they declared her dead. Yes, ma'am. John, I can't imagine what you've been through and what your boy and girl are going through. I also cannot imagine what it must have been like to be in ICU yourself and not be able to get to her. That was one of the hardest things. My kids were taken to Plano to go say goodbye to their mom. And I was 60, 70 miles away in a hospital bed. Um, I couldn't be there for them, um, on the worst day of their life.

Um, no child should, should have to go, go through that. And, um, you know, as a parent, you want to be there for your children. And it was very hard being 60 to 70 miles away while my kids said goodbye to their mom. Guys, you are hearing Katie's husband, John Palmer, who had his back broken that day when he couldn't stand up to get to his wife. He crawled to her to try to keep her alive. Then he had to lay in a hospital bed in ICU while his children were taken to Plano, Texas to say goodbye to their mother. I want you to hear Trooper

Tarif Al-Khatib talking to the driver, Corey Foster. How much did you have to drink? Nothing. Last night? Oh. I didn't sell alcohol. Foster. I mean I went to bed early. Okay. So you had how many last yesterday? I mean honestly I don't know. Okay. Okay. About what time?

I mean I was up and out. My daughter's been running fevers so I mean I was up and down all night. Well I'm just, I'm smelling it pretty strong coming from your breath today. That's why I'm asking how late did you stop? How late did you stop laughing? Are you stepping across? Uh-huh. And the trooper goes on to say, I'm smelling it pretty strong coming from your breath today.

Which is why I'm asking, how late did you stop? Quote, I'm smelling it pretty strong coming from your breath today. And the guy, Foster, says, well, really, honestly, I don't know. I can tell you this. Everybody knows I'm a teetotaler. But I can tell you, the very last time I had a drink, I want you to now take a listen to the troopers talking on the scene. We can do them on the computer now.

There's hair on the hood too. That's her head right here. I just think you're going to be bending back like that. There's another one. I understand. What happened to his radar tech? But they were on this side walking against traffic. His windshield kind of fogged up, you know, and then he's going towards the sun.

And he said, I thought I hit a telephone pole. Are you kidding me? So he said, he hit them hard. So did he probably. All that. He was moving. Two things strike me right there, John Palmer. Katie's husband with me right now.

He hit you and Katie so hard with such an impact, he thought he had hit a telephone pole. And I'm also hearing, oh, my window was fog was fogged up oh I was driving in the sun I'm already hearing different reasons why he couldn't see he can't say when was the last drink he had he we know he was drinking whiskey into the night and he still smelled like whiskey at the time of the crash I know he changes his story. Let me understand something. If he hit you so hard, he thought he hit a telephone pole. How fast are they saying he was driving, John?

So. They did discuss that. If you look at the body camera footage, they asked Corey Foster truth. Ask Corey Foster how fast he was going. And Corey Foster said 15 miles per hour. Okay, well, that's BS. That's a lie right there. That is another lie, of course.

Of course, his story is riddled with lies. So the troopers were discussing that. They were discussing a conversation that Trif had with Corey off camera. One of the troopers laughed and said, BS, he was going 50. And they all laughed and agreed that he was going 50 miles per hour. They were laughing? Yes, ma'am. It was a very casual demeanor during the, quote, investigation. You're saying the trooper said at the scene

the driver, Corey Foster, was going 50 MPH? Yes, ma'am. Did they ever bring out an accident reconstructionist? And were there skid marks? Did he even try to slow down? No, ma'am. So DPS failed at reconstructing this accident. They didn't even attempt to.

Grayson County hired a third-party firm. That's in the documentation. To recreate the crash, they had a hard time doing so because of the horrible investigation that Trooper Tarif Al-Khatib did on scene. And to answer your question with regards to where their tire marks no cory foster came to a casual stop after he hit us so there were no break marks at all guys take a listen to the troopers talking at the scene of the crash all this is caught on their body cam

yeah he lives down i say according to ryan that lives here he said yeah he's his dogs get out all on their body cam. Did they sitting in the cup holder i can unlock it let me i'm gonna get you the keys david where you can start getting stuff inside of it or whatever did they analyze the drink john what was he drinking uh we will never know um i believe out the team um smelled the cup and then handed it right back to foster so that was not taken in as evidence and that was not tested for any type of alcohol at all. Nothing. Okay. You know what? I know he blows a.06.

I know they can smell booze on him. They're all saying Sunday morning he'll have a beer crack to open 10 a.m. But he's already said, let me bring in Wendy wendy patrick california prosecutor author red flags host of today with dr wendy kcbq uh author you can find her at wendypatrickphd.com wendy this guy already is driving obviously too fast for conditions he has been drinking if they don't want to say he's 0.08 fine he's 0.06 he is impaired and he's on the wrong side of the road all that equals vehicular homicide you don't have to be drunk to be vehicular homicide that's right often the best evidence of driving under the influence is the driving not necessarily the blood alcohol level. Because

think about it. Someone who is under the influence is going to drive accordingly. Reckless driving is circumstantial evidence of impairment. And this includes driving in a fashion that is not careful for the conditions. That appears to be the case here. I mean, think about it. Rain, sleet, snow, fog, whatever it is that makes it hard to see, that requires careful driving. To do otherwise indicates impaired physical ability as well as impaired judgment. Yeah, I mean, Wendy, you don't have to, what more do you need to know? The guy drives all the way on the other side of the road going into oncoming traffic mows down two people smells like booze what more do i need to know that is reckless driving and katie is dead and this guy still

has not been brought in front of a jury what is the prosecutor doing what has he got his thumb straight up his rear end guys you got to hear more you have to hear more of this take a listen to trooper tarif akhatib speaking to the supervisor on the phone he flat out says he goes i can't i couldn't see which i when i leave my house i drive directly to the east and it it was prior to this crash happened, or after. And, yeah, I couldn't even see the road because I couldn't get the fog off my windshield. And then the sun, driving into the sun, you know, I mean, I get it. He was blind, but, I mean, he's on the wrong side of the road too, you know.

So, yeah. he's on the wrong side of the road too you know so yeah i mean yeah that's it i can't believe he was that high still today he said he's like man i quit drinking like at 8 o'clock last night, which I'm not really buying that to be that, you know, at this time of day. Then why didn't you charge him? Why didn't you go in front of a jury? Guys, take a listen to our cut for our friend Jen Phillips, KXII. One, two, three, four, five, six, 7, 8, 9. All right, that's good, that's good.

Which he passed with flying colors. He even took a breathalyzer test and blew a.06 under the legal limit. You are legally intoxicated when your BAC reaches a.08. In the state of Texas, to require a blood test in order to find a driver's blood alcohol level, you need a warrant. Since Foster passed both tests, the trooper didn't request a warrant. He blew a.06. Joining you right now, special guest, in addition to John Palmer, Katie's husband, Wendy Patrick, California prosecutor. Alex Otte is with us, the president of MAD, Mothers Against Drunk Driving.

Alex, I've got a.06. I've got him flying into the wrong lane, claiming he couldn't see, smelling like booze. Why aren't they prosecuting this case? Well, first, I just want to say, Mr. Palmer, I'm so very sorry for your loss. But you're right. You know, what we're looking at is we are focused on whether or not someone is safe to operate a vehicle. He may not have been at a.08. We can all tell that he was impaired.

And so he was not safe to operate that vehicle and it cost Katie her life and that is so devastating we have a problem across the country but Texas is really in trouble with the drastic increases in DUI deaths just since 2019 almost 18 percent increase trying to figure out what if anything we, we can do now. Take a listen to our cut eight, our friend Dave Mack at Crime Online. Just four months after his wife was killed and he was left with a broken back, John Palmer testified in front of a Grayson County grand jury that will decide if Corey Foster will face trial for manslaughter and criminally negligent homicide. Talking about Corey Foster, John Palmer said, quote,

his own words were that he stayed up drinking whiskey the night before. He also told DPS officers that he probably shouldn't have been driving because of the condensation. After three hours of testimony and just one hour of deliberation, the jury declined to indict Foster. You know, I can't help but wonder what evidence was put in front of that grand jury. Did they know he blew a.06 on a breathalyzer? Because in Texas, a field-administered breathalyzer is inadmissible in court and can only be used for pass-fail evidence for further testing. Nobody did any any further testing when this was taken to the grand jury the the first time this misgrace um there were again there's supposed to be 12 jurors

in the grand jury uh we only had 10 uh one person was sick one person accused himself when i asked uh the prosecutor kerry ashmore, where the alternates were, he shrugged his shoulders and said, he didn't know this was presented again to nine and apartment to 10 instead of 12, the accident reconstruction firm, um, had completed, pardon me. Their report was completed six days after the green jury but the grand jury was not given a finalized reconstruction report at all in addition the district attorney told me that they would subpoena foster cell

phone records and look to see if there was distracted driving okay none of those were done um it was only 18 months later through civil discovery that we obtained his phone records disgrace and found that he was in the middle of dialing a call as he hit us so if you stack everything up if you stack the um he was his driving was visibly impaired and he makes that statement that um his windshield he couldn't see as soon as he left his driveway which is three tenths of a mile away from where we were hit uh the cognitive impairment of the uh alcohol in the system and again he blew a.06 50 minutes after he he hit us okay so probably very close to a.08 also he was manually dialing a number as he crossed over the roadway so we got these phone records we submitted those to

the district attorney's office they reviewed them and at this point we had a very contentious relationship with the district attorney's office as you could imagine um we had um submitted those records to the da's office and they said they would review them and i got a phone call approximately i mean i got a a phone call one Monday at 430 p.m. from Kerry Ashmore saying that they were going to take the phone records in front of the grand jury and see if the grand jury wanted to move forward. OK, that caught me off guard. And I asked if I was going to be allowed to testify in front of this new grand jury. He said no. They were going to take the phone records in front of the grand jury, and if the grand jury wanted any additional information or evidence, then they would provide them with that. The phone call ended.

In this race, that didn't seem right. I tried to contact them again numerous times, and they wouldn't take my call. So I had to text Kerry Ashmore and through our text exchange I basically ended the text by stating that if he wasn't going to allow us to testify in front of the grand jury and have the witnesses being the experts that one third party that did the crash recreation and dps back up there and show them the report show them the cell phone records and show them everything that they did in the first grand jury then i don't want him to move forward um did not get a call back he is and also miss grace i want to make sure you're aware that Brett Smith also acted as a defense attorney for the Foster family prior to being the elected DA.

He represented, so... Yes, ma'am. He... So, Corey Foster and his wife were driving late one night. Um, the, the wife was driving, she was impaired. She was pulled over. Uh, she was charged with the DWI and Corey Foster was charged with public intoxication and their defense attorney was Brett Smith. That was never disclosed to us. We had to find that out on our own. Also, Brett Smith is related to the Trooper 5 marriage. Man, I tell you what, I just, the feeling, the feeling of helplessness is overwhelming.

Nothing is being done to avenge Katie's death. I mean, John, what do your children say? When my children ask me why, you know, why is this man still driving? Why has he not been held accountable? Miss Grace, what do I tell them? What do I tell them? Um, our system failed us and has continued to fail us by not holding Corey Foster accountable. crime stories with nancy grace guys i want you to take a listen to our cut five this is jen phillips kxii a breathalyzer test taken in the field is inadmissible in court and can only be

used as a pass fail for further testing listen to this phone call he makes to a supervisor while on scene i can't believe he was that high still today he said he's like man i quit drinking like at eight o'clock last night even still the trooper was not satisfied oh yeah an hour of arriving on the scene, the trooper drove Foster home. Okay, right there. Wendy Patrick, California prosecutor, why did they drive him home and send him to the hospital to get a blood test? I would love to know the answer to that question because that would be the logical next step, not just given the fact that he's below the limit, but the driving is such strong circumstantial evidence of impairment, you would want to know more. And you pair that with not only his admission of drinking whiskey, but the fact that it was still

smell, it still smelled it on its breath the next day. That is not normal. Over time, that smell goes away. You know, that's part of common knowledge. So that would be part of why we would want to know the decision that they made. Why home instead of the hospital? If they need to seek a warrant, great, but that could have been a next step. Joining me right now, Joe Scott Morgan, professor of forensics, Jacksonville State University, author of Blood Beneath My Feet on Amazon, star of a brand new hit series, Body Bags, with Joe Scott Morgan on iHeart and beyond. Joe Scott, this is so much BS. The guy is a.06.

We don't know what his blood was because they drove him home. Instead of to the hospital where they should have taken him. I don't know why this guy, Corey Foster, got special treatment with John Palmer lying on the side of the road with a broken back and his wife, Katie, dead. Their two children asleep at home. I don't get it. Explain to me the.06. Yeah,.06 is the, in in Texas legal limit for being inebriated for driving is 0.08. And he was under that limit according to the breathalyzer. But here's the problem. You don't know how much time has elapsed since he last took a drink.

And what's going on chemically in anybody's body is that you're metabolizing the alcohol. So you're burning it off. And so the longer you wait, the longer you go down this continuum, from that moment in time when the fatal event occurred, when this vehicular homicide occurred, you're bleeding off this alcohol

level that's in his system and i've got a bigger problem with this nancy than simply the breathalyzer result here's the problem you've got two people one is unfortunately deceased you got john who's laid up in a hospital with a broken back and it seems as though this would have warranted taking this individual into a hospital to do a blood draw because not only are you looking for blood alcohol content in that sample but the hospital will do something that's called and you guys can look this up but it's called a standard panel. And a standard panel, when you roll into the ER, is they're looking for any other substances in his system. Drugs. Drugs.

Just say it. They're looking for pot, for any kind of drug, for alcohol. Who knows what he was high on that wouldn't show up with a breathalyzer. Here's the problem. Once it's gone, it's gone. It's just like John had mentioned a moment ago. And I was, you know, as an investigator, I was just really struck by this. You know, look, criminals are going to do what criminals are going to do.

But, you know, there's a certain level of accountability that comes in when you're talking about DPS and you're talking about the courts. And right now, they have missed the mark on this case, Nancy. Guys, we are talking about a beautiful young mom walking by the side of the road with her husband on a sunny morning when suddenly a guy comes across the traffic to their side and mows them both down with such impact, he thinks he hit a telephone pole. Now, let me tell you something else about grand juries. Wendy Patrick, that's one of the first things. My boss, the longest serving DA in the country at that time, had his young prosecutors learn.

You put up evidence to the grand jury. If you want them to indict, you put up the right evidence. If you don't want them to indict, which never happened to me, of evidence if you don't want them to indict which never happened to me of course you don't now there was a great trial lawyer named Irving Younger and he told he made this famous a prosecutor can get a grand jury to indict a ham sandwich if they want to and I argued till I was blue in the face. But I'm telling you, something is wrong here. Because the facts that we have just

laid out should have been a vehicular homicide indictment. He doesn't have to be .08. What he did was reckless. Was a malignant heart, as we say in the law. Why hasn't this been charged?

It's got to be because that's what the prosecutor wants. Well, when you look at what the grand jury did, you have to ask what evidence did they have? Exactly. Because as we've all been talking about, they only can work with what was presented to them. So if there wasn't accident reconstruction, we don't have that ability to talk about how fast he was going.

Although, circumstantially, I keep coming back to the, you know, what happened, knocking someone out of their shoes. It's ridiculous. That they fly 70 feet. I mean, you can imagine you probably don't need accident reconstruction to figure out how hard that was. And just go back to that criminal negligence, recklessness in a case like this. That's what they would be arguing. But it doesn't sound like the grand jury had that evidence. Dr. Angela Arnold joining me, renowned psychiatrist out of Atlanta at AngelaArnoldMD.com.

Weigh in, Angie. I'll tell you one of the most disturbing things to me that I've heard in listening to this was the lack of any kind of remorse in the voice of the man who perpetrated this crime. None whatsoever. No remorse. I mean, it was like he was standing there just trying to take up for himself. Well, I couldn't see. He just killed somebody.

He might have killed two people. And he had absolutely no remorse. Complete lack of remorse. No remorse. Right. Like he didn't know what he had done. Yeah. Guys, take a listen to our cut 13, our friend Lauren Rangel.

No words can describe the feeling that our family. It's been over a year since his wife's death. John Palmer says he hopes this footage will be new evidence that could go before a grand jury and help with the case against Corey Foster. What footage are you talking about, John Palmer? So, Ms. Grace, when we had originally got all this information from DPS through FOIA requests, we had only been given Tarif Al-Khatib's body cam and his dash cam. We did not receive any of the other troopers' body cameras. That came almost a year and a half later. When we had to request that again, then we were allowed to have that body camera footage.

It seems to me like the grand jury did not see all of the evidence that we have even here at Crime Stories. And let me also point out that in nearly every jurisdiction in our country, you don't have to have a grand jury to bring down an indictment. There are other ways to charge someone other than with a grand jury. But I believe if a grand jury heard all the evidence that we're hearing today that does exist, that there would be an indictment. And it doesn't have to be for DUI, vehicular manslaughter. There are many other ways this case can be prosecuted and justice can be sought, not just for Katie, not just for John, but the way his children will feel when they grow up and understand we all sat by and did nothing. I ask you don't just sit there and think about it.

Do something. You can reach the district attorney Brett Smith. Brett Smith. His number, 903-813-4361. Repeat, 903-813-4361. Now, when that line jams, you can reach his assistant at williamss.co.grayson.texas.us williamss.co.grayson.tx.us John Palmer, what is your message today? Ms. Grace, I just want victims to know that they have a voice. I want them to know that it's okay to stand up.

We will continue to fight for Katie. We will continue to fight against this injustice. We will continue to make sure that those that have continued this injustice will be held accountable. When you wake up in the morning or when you go to bed at night, what feeling comes over you when you think about Katie? Katie is the last thing I think about when I go to bed and first thing I think about when I wake up. Loss.

We were robbed of the future together, Katie and I. My children were robbed of the future with their mother. This community lost a very strong, smart woman that made a difference and will continue to make a difference. You know, you just said that you want victims to know that they have a voice. Well, right now, thanks to the Grayson County, Texas District Attorney, Brett Smith, it doesn't feel that way. It doesn't feel like we have a voice at all. No, ma'am. No, ma'am.

No, ma'am. All we've asked for was justice, and justice for us would have been Corey Foster to stay in trial in a criminal court. And that hasn't happened. And you know what, John? If some pettit jury, which is a jury of 12, decide to let him go, I won't like it. But so be it. But at least, at least somebody had the backbone to take this case to trial.

And at least try to get a true verdict. That is all we are asking. That's all we've ever asked for. Nancy Grace with John Palmer, signing off. Goodbye.