In light of recent allegations of domestic violence against NFL players, a case brought against Reuben Foster, a linebacker for the San Francisco 49ers, might have easily disappeared into the news. Foster, however, hired a domestic violence lawyer and mounted a strong defense against claims that were made by an ex-girlfriend following an alleged incident in February 2018. By May 2018, though, Foster had successfully convinced the court to drop everything but a weapons possession charge, and that was argued down to a misdemeanor. The case offers a chance to see just how domestic violence lawyers similar to Jacobs & Barbone P A work to pick apart the case against a defendant.
Within two days of the date of the alleged incident, the ex-girlfriend had recanted statements she had made to police about Foster punching her multiple times in the face. It's common for recantations to occur, and this fact alone will rarely convince a DA or a judge to drop charges. The recantation, though, did offer the first glimmer of hope for the defense.
Source of Injuries
One of the biggest factors the judge cited in dismissing the charges was that the injuries were not consistent with an adult woman being struck in the face by a male professional athlete. Making the prosecution's case even more tenable was the fact that the ex-girlfriend had been involved in a fist fight with a woman the night before the alleged incident occurred. Video was submitted that showed her in a road rage incident.
State of Mind
According to the judge, Foster's domestic violence attorney was able to demonstrate a motive for her pushing a false allegation. Testimony provided by police indicated that her state of mind appeared to be unusually collected while reporting what happened. The DA's office, however, elected to move forward with charges despite these concerns coming to light.
A Previous Accusation
The domestic violence attorney for Foster brought to the court's attention that the ex-girlfriend had previously filed another false claim in 2011. This occurred when her boyfriend at the time had said he was ending their relationship.
"A Money Scheme"
When Foster's ex-girlfriend was asked in sworn testimony why she'd make a false accusation against the football player, she stated, "It was all a money scheme." Throwing even more water on the prosecution's fire, it came out that she had stolen $8,000 from him in addition to taking two luxury watches.