County Mayor Mike Foster’s attorney has filed a motion in federal court asking for the dismissal of charges that he made false statements to the Upper Cumberland Development District’s (UCDD) board of directors in connection with the Living the Dream home for seniors in Putnam County.The motion to dismiss, filed on Dec. 13, by Foster's attorney Hal Hardin, asserts that the charges should be dismissed on the grounds that his statements were “ambiguous to such an extent that they cannot be prosecuted as a crime".A motion has also been filed for a Bill of Particulars to clarify the accusations against Foster, and a motion for severance, claiming that a joint trial with his co-defendants Wendy Askins and Larry Webb would be prejudicial for Foster.Former UCDD Executive Director Wendy Askins and former Deputy Director Larry Webb were named in a sixteen count federal grand jury indictment in September accusing them of the mishandling of government funds meant for the Living the Dream complex.Foster was indicted on charges that he read a statement that he knew was false to help cover up illegal activity by Askins and Webb at a UCDD board meeting in January 2012.Hardin’s motion to dismiss claims that “There is no allegation that Foster was a member of the conspiracy described in the indictment, and no allegation that he ever received anything of value for reading the statement. While it is alleged that Foster knew that the read statement was false, it is not alleged that Foster knew that Askins and Webb had a criminal motive for asking him to read it.”In a memorandum in support of the motion to dismiss, Hardin said that “The sole count against Foster essentially alleges that he, a local government official, read a ‘statement prepared by Askins’... to the executive committee of a local public board in a public meeting that all know was being filmed by a local television station. There is no allegation that Foster was a member of the conspiracy described in the indictment, no allegation that he ever received anything of value for reading the statement.