Originally posted by jonnydel:
Originally posted by 49AllTheTime:
Originally posted by Giedi:
Originally posted by jonnydel:
Basically, the judge has to determine if he thinks it's credible that the victim in question is plausibly lying about it not happening. If he feels there's enough evidence to show that she's lying now and for a jury to see the evidence, things will move forward. If not, it won't go any further than the preliminary hearing.
I'd be really surprised to see a plea deal - especially with Foster's attorney looking for a quick trial. They feel like the onus is all on the prosecution to prove that the victim is lying and that Foster really did harm the woman.
If Foster really didn't hurt her, he shouldn't agree to any plea deal IMO. I wouldn't. I just think this case is gonna be too hard to get 12 people to all agree that he, without a doubt, did it.
From her new story and video to the claim by the DA that he punched her 8-10 times in the head and all she had from that was a swollen lip and ruptured ear drum.... I mean...c'mon. A guy the size of Foster is punching someone, out of rage, 8-10 times, they're gonna have some serious damage done, to the point where you'd probably be able to see the marks on her today.
*IF* the truth is that he didn't hit her, then I agree - I'd pursue a trial on both a moral and ethical point of view to exhonorate himself. But if the *truth* is that he did hit her (in some fashion - and only he would know that in his heart of hearts) I'd settle. First of all, it's more a buisness decision than a legal or moral decision at that point. If he can plea down the charges, he has a good chance of getting back on the field with the 49ers before somebody takes his job permanently. Uncertainty is bad for business, that's why businesses always settle if the uncertainty materially affects their business, even though the truth is that they are not guilty and the facts are arguable.
Reuben still has the Alabama drug issue and he's still on Goodell's substance watch program (as far as I know) and he's running out of *get out of jail cards.* He is lucky the Victim is recanting her testimony in the DV issue, I don't know if he'll be as lucky in the Alabama case - ie from an evidence point of view. He has potential technical violations both in obstruction of justice and a firearms charge here in Calif. - those don't go away even with the Victim's recantation. If he does proceed to trial, he potentially will have to appear on both cases and attorney's aren't cheap, specially if they are good. If he settles, both sides can stipulate to not reveal more information than what is already on public knowlege - that protects him from Goodell's investigations with regards to the NFLconduct policy. That eliminates one legal case and he can concentrate on the Alabama issue and possibly plead that down to a lesser charge too. Then once the Alabama case is settled, he can focus on his appeal of his possible suspension from the NFL. Fighting a 3 front war and still trying to play football is not the best strategy to keep his job and play well, in my opinion.
The gun charge will be at most a fine and the gun gets taken away.
And the weed, I've read here it's a 2nd degree charge which is just having some weed (not a lot) in his car. He hasn't tested positive for weed as of now
A good friend of mine is a cop in Tuscaloosa, no he wasn't the one who arrested Foster, but I asked him and Alabama law is that at 2nd degree it was less than 2 ounces IIRC.
it wasn't enough to charge him with distribution, but enough to charge him with something
in CA before the laws changed, having an once could get you busted for distribution, even worse if you have it ready to sell in baggies
[ Edited by 49AllTheTime on May 10, 2018 at 8:33 AM ]