Christina Morris' boyfriend agrees to testify in kidnapping trial

McKINNEY, Texas - There was a new development Tuesday in the Christina Morris kidnapping trial. Morris’ boyfriend agreed to take the stand to testify about what he was doing the day she disappeared.

Hunter Foster has been serving time in prison after pleading guilty to conspiracy to distribute ecstasy. Originally he invoked the Fifth Amendment so that he would not incriminate himself in that case.

In an immunity deal, he agreed to give a truthful testimony in exchange for it not being held against him as it relates to the non-violent federal drug violations.

He admitted to having a drug problem and said he got into selling drugs while “hanging out with the wrong people.”

Foster testified he was using Xanax, Molly and drinking on the night Morris disappeared two years. He said she liked to use Morris sent him a text message that said she was using Xanax and Adderall

He was unaware that she sent him a text around 2 a.m. saying "please babe come get me" because he was too intoxicated. He spent the night in Dallas and got home around 10 or 11 a.m. the next morning.

He didn’t hear from her the next day, but continued to use and sell drugs. He assumed she was still out with friends or thought maybe he hadn’t heard from her because she was picked up for a DUI.

A friend told him the defendant, 26-year-old Enrique Arochi, had walked her to her car, so he reached out to Arochi. Arochi said he walked Morris to her car and they went their separate ways.

Foster said he has no personal knowledge of what happened to his girlfriend after she walked with Arochi.

Arochi is charged with aggravated kidnapping. Surveillance video shows him walking with Morris in a parking garage at the Shops at Legacy in Plano in the early morning hours of Aug. 30, 2014.

Prosecutors said police found Morris' DNA in the trunk of Arochi’s car, but the defense pointed out it was not blood evidence. Her body was never found.

On Monday and Tuesday prosecutors have used surveillance and phone records to give a timeline of Arochi’s whereabouts that day.

In addition to being seen in the parking garage with Morris around 3:55 a.m., his car was seen leaving the parking garage and on the Sam Rayburn Tollway. There’s also surveillance video of him cleaning out his trunk at a gas station later that morning.

During the same time frame, records show a call from Arochi's cell phone at 3:50 a.m. to Morris' boyfriend. The phone call was followed by two text messages: one at 3:53 a.m. and one at 3:55 a.m.

The records don't indicate who was using the phone and Morris's friends previously testified that her battery was running low.

Cell phone experts testified that Foster's phone received the messages at a location on McKinney Avenue near Downtown Dallas, but he did not respond.

The last known signal from Morris' phone was a ping to a cell tower two blocks north of the Shops at Legacy, nearly an hour after she was seen in the parking garage video. Minutes later, Arochi's phone pinged off the same tower.

It wasn't until three days later that Morris' boyfriend reported her missing to police. But that same night, experts testified Foster contacted Arochi.

Defense attorneys have continued to question witnesses about surveillance cameras that were not working and a mysterious green Kia that was also seen in the garage around the time of Morris’ disappearance. The driver was never identified.

On cross examination, one detective agreed that Morris willingly walked to her car with Arochi. He said he believes she was upset and vulnerable after fighting with her boyfriend, but he also believes she withdrew her consent somewhere between the parking garage and the Sam Rayburn Tollway.

Morris’ friends have testified that she wanted to leave with Arochi because she didn’t want to walk to her car in the dark alone. They also described her as being “headstrong” and said she would not do something against her will and would never willingly climb into a trunk.

Arochi and Foster were kept in separate holding cells on different floors during a lunch break.

Another witness, Taylor Barry, could also testify with immunity after Foster.