Critics of District Attorney Matthew Foster said Friday that they have long known about allegations that he sexually abused a child before that information became public this week.
This comes a day after the Bangor Daily News published a story that revealed Foster, who is running for re-election as the top prosecutor for Hancock and Washington counties, lied during an Oct. 12 online candidates forum when he denied that he had ever been investigated by the attorney general’s office.
But in 2017 and 2018, state prosecutors did investigate Kathleen Hinerman’s allegation that Foster sexually abused her 12 years ago, when she was 13. Foster was still working as a criminal defense lawyer at the time and was not charged in that investigation.
Foster’s opponent in Tuesday’s election, Blue Hill lawyer Robert Granger, declined to comment on the allegation, saying only that he had been aware of it “for some time.”
Jeffrey Davidson, a Machias lawyer, said he talked to Hinerman about the allegations roughly five years ago, around the same time she contacted police to file the complaint. He called her “credible” and said she has the right to tell voters about Foster.
“It’s a public office and people who want the job must answer for themselves,” Davidson said. “I think the public should understand that their DA has lied to them.”
Foster did not respond Friday to messages seeking comment for this story.
Will Tuell, a Republican state representative from East Machias, said he was approached a few years ago by a relative of Hinerman’s about the allegations against the district attorney.
At the time, he recommended that Hinerman contact the attorney general’s office, but did not know until Thursday, after reading the BDN’s story, that the AG’s office did look into it, Tuell said.
“I can’t say I’m surprised that he chose to lie when asked in a public forum [about the investigation],” Tuell said. “I think that is an indication of his lack of honesty. I think that should give people pause.”
Davidson said that the latest revelation does little to change how some people feel about him in Washington County.
“From my perspective, his falsehoods and lack of ability to work with law enforcement in a meaningful way have had the most effect on us here,” Davidson said. “He simply hasn’t been doing it in this county for a long time.”
The news about Foster may have reverberations beyond Washington County as well. Foster shares a lawyer with his most high-profile defendant, Eliot Cutler.
Foster’s office is currently prosecuting the former two time candidate for governor on felonies related to his alleged possession of child pornography. Cutler has hired lawyer Walter McKee to defend him, who also represents Foster in the Hinerman complaint.
Two criminal justice experts said that the connection may not run afoul any strict rules regarding a conflict of interest, but it could raise questions about Foster’s ability to fairly prosecute Cutler.
The public might ask, “‘Hey, how can you go really hard on Culter when he’s represented by your lawyer, because you want your lawyer to like you and work hard for you, too?” said Daniel Medwed, a criminal justice professor at Northeastern University School of Law in Boston. “Even if that’s not true, it creates the appearance of impropriety.”
Maybell Romero, a law professor at Tulane University in New Orleans who researches rural prosecutors and attorney ethics, agreed that the best way to avoid that would be for Foster to recuse himself from any involvement in the Cutler case.
As for McKee, “I would want to make sure that both clients understand there is a little tension there, but can’t think off hand of a direct conflict of interest,” she said, as McKee is representing them in separate matters.
