Foster cleared by grand jury 

Trial stemmed from attorney’s involvement in Hood River Juice Co. case earlier this year 

By JULIE RAEFIELD-GOBBO
News staff writer

Brent Foster, former Oregon assistant attorney general and chief of the environmental crimes unit of the Department of Justice, has been spared an indictment by a Marion County grand jury on charges of criminal wrongdoing. 

Foster’s hearing centered on actions and misstatements he made about his role in conducting water pollution sampling and his role in the environmental crimes prosecution of David Ryan and the Hood River Juice Company.

According to a Marion County district attorney’s statement, “The Grand Jury found that while Foster was untruthful with both his colleagues at the Department of Justice and his employer regarding his role in the sampling, such dishonesty did not rise to the level of criminal activity.”

Brent Foster’s attorneys, Allison Rhodes and Roy Pulvers, of the Portland law firm Hinshaw & Culbertson LLP, issued a statement Dec. 17 noting, “The grand jury completed its investigation of Brent Foster’s conduct and found that no criminal charges were merited.”

Over the course of several months, the grand jury met to take testimony from several witnesses and review documents related to Foster’s actions.

Among those who testified were Rachael Pecore, former Columbia Riverkeeper employee, Brett VandenHeuval, current director of Columbia Riverkeeper, and his spouse, Beth Hoezee.

All three were present with Brent Foster during a water sampling test taken near Hood River Juice property Oct. 9, 2009. That sampling and Foster’s conduct following that test were the focus of the investigation.

According to Foster’s attorneys, “The conclusion of the grand jury’s thorough investigation without an indictment, and without finding any criminal wrongdoing, is a very powerful vindication for Foster.”

Foster’s lawyers said, “Eight months ago, promptly after making a misstatement to his employer with respect to his taking of a water pollution sample from Hood River Juice, Brent voluntarily corrected the statement and voluntarily accepted responsibility for it by resigning his position.”

Attorneys for Foster went on to state, “The result of the grand jury investigation is entirely consistent with what Mr. Foster has acknowledged and asserted from the outset.”

Foster also provided a statement: 

“I am obviously very pleased with the grand jury’s decision. But it is unfortunate that this has taken almost eight months of my life.

“After over 10 years of environmental litigation, I made a mistake, voluntarily reported it to my employer and voluntarily resigned as a result. I have dealt with this mistake as best I could and look forward to moving on.”

As an attorney, Foster (the former executive director of the Hood River based nonprofit Columbia Riverkeeper) still faces an Oregon State Bar complaint and related investigation.

“This result underscores the fact that, with respect to the criminal investigation of Hood River Juice, and Mr. Foster’s handling of evidence and his interaction with others involved, Brent acted entirely lawfully and in the best interests of the people of the state of Oregon in pursuing environmental enforcement for the state,” summarized Foster’s attorneys.