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The Reuben Foster Legal File Thread


J-ALL-DAY

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2 hours ago, Ronnie's Pinky said:

I wanna know what kind of dog it is...just for the mental image. I hope it was one of those little yappy things, like a shih tzu.

I hate to admit I smiled a bit when I read this. Shame on me.

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Why in the world is everyone jumping to the conclusion this is going away? Her recanting the her original story is not news to the DA. He said when he announced the charges that he was proceeding even if she wouldn't coorperate. So the first thing about this to understand is that the person who knows the most about this, and who knows how hard it will be to get a conviction if she testifies to a different version of what happened, is proceeding anyway.  So unless you take for granted that he is an icompetent idiot you at least ought to accept that he believes he has a strong case. Of course all the details of her first story can be a lie, expertly crafted and expertly executed. And or course any charge wil be hard to prove if she contradicts her original story. But if the DA proceeeds then this is far from over, and the outcome could be far, far worse than 6 games.

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5 minutes ago, big9erfan said:

Why in the world is everyone jumping to the conclusion this is going away? Her recanting the her original story is not news to the DA. He said when he announced the charges that he was proceeding even if she wouldn't coorperate. So the first thing about this to understand is that the person who knows the most about this, and who knows how hard it will be to get a conviction if she testifies to a different version of what happened, is proceeding anyway.  So unless you take for granted that he is an icompetent idiot you at least ought to accept that he believes he has a strong case. Of course all the details of her first story can be a lie, expertly crafted and expertly executed. And or course any charge wil be hard to prove if she contradicts her original story. But if the DA proceeeds then this is far from over, and the outcome could be far, far worse than 6 games.

It's very difficult to get the conviction if the victim is not cooperative. I'm not sure what the percentages are or anything, but there are several lawyers here on FF and most say the same thing in that regard, so I will bow to that wisdom. We shall see what happens. People assuming that it's "going away" (which I suppose you qualify being found not guilty as) is really just playing the percentages. 

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44 minutes ago, big9erfan said:

Why in the world is everyone jumping to the conclusion this is going away? Her recanting the her original story is not news to the DA. He said when he announced the charges that he was proceeding even if she wouldn't coorperate. So the first thing about this to understand is that the person who knows the most about this, and who knows how hard it will be to get a conviction if she testifies to a different version of what happened, is proceeding anyway.  So unless you take for granted that he is an icompetent idiot you at least ought to accept that he believes he has a strong case. Of course all the details of her first story can be a lie, expertly crafted and expertly executed. And or course any charge wil be hard to prove if she contradicts her original story. But if the DA proceeeds then this is far from over, and the outcome could be far, far worse than 6 games.

If there is actually video evidence showing her injuries happened elsewhere...that is completely different than her just recanting her testimony.  The DA is stuck in a crappy position.  If that tape shows half of what we have been told this case is over.  The DA is now on the defensive...and Foster's attorneys forcing a preliminary hearing is about forcing the DA to make a decision.   My guess is the DA might be able to win a preliminary hearing....but I doubt it if the tape shows what they claim it does.

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53 minutes ago, big9erfan said:

Why in the world is everyone jumping to the conclusion this is going away? Her recanting the her original story is not news to the DA. He said when he announced the charges that he was proceeding even if she wouldn't coorperate. So the first thing about this to understand is that the person who knows the most about this, and who knows how hard it will be to get a conviction if she testifies to a different version of what happened, is proceeding anyway.  So unless you take for granted that he is an icompetent idiot you at least ought to accept that he believes he has a strong case. Of course all the details of her first story can be a lie, expertly crafted and expertly executed. And or course any charge wil be hard to prove if she contradicts her original story. But if the DA proceeeds then this is far from over, and the outcome could be far, far worse than 6 games.

Because it is nearly impossible without witnesses to prove guilt in a DV case without the victim cooperating and testifying against the accuser. And the video was not turned into the DA until AFTER the charges were filed. Yes, they had her recanted story before the charges were filed, but they did not have the video. That is a complete game changer. So the DA will not only have the victim not cooperating, but also a video backing her story? And according to legal analyst Steven Clark (former Santa Clara County DA), there is a chance the victim will testify in favor of Foster next week. He said there is a reason why Foster's side is pushing for an immediate preliminary hearing because they feel like they have a strong case that will lead to the DA having no choice but to drop the charges, or to lessen them severely. Way too much against the DA in this situation. 

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Quote

"The burden is on the people (DA's office)  to show that Mr. Foster did this beyond a reasonable doubt," Clark said. "So the murkiness that’s been created here is very problematic for the DA, and they need to evaluate, ‘Is this the kind of case we can more forward on, not just at a preliminary hearing, but at trial or should we simply go after the firearm charge?"

https://www.nbcsports.com/bayarea/49ers/legal-analyst-gamble-worth-taking-reuben-foster

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51 minutes ago, Forge said:

It's very difficult to get the conviction if the victim is not cooperative. I'm not sure what the percentages are or anything, but there are several lawyers here on FF and most say the same thing in that regard, so I will bow to that wisdom. We shall see what happens. People assuming that it's "going away" (which I suppose you qualify being found not guilty as) is really just playing the percentages. 

Well three's a large void between having her lawyer say she made it up and testiffying to that under oath. If they can prove the case without her then she'd be expsoing herself to criminal charges for lying under oath. In any case I wasn't talking about the ciminal case. By " going away" I actually mean no league action. They've shown repeatedly that they don't need a courtroom conviction to act.. Lack of a conviction if the case goes to trial will keep him out of jail, but  a reaonable amount of convincing evidence will not keep the league from acting. You have to keep in mind that he is charged with beating up a woman, injuring her fairly seriously, and threatening to kill her if she reported it. It's either going away as far as the league is concernced or his football career could well be over I don't see a lot of middle ground. That's why I don't see 6 games as realistic unless that's for the firearms and/or marijuana charges and the DV issue is put completely to bed.

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Okay, so who here has said he won't get suspended? Forge and I have actually acknowledged him getting suspended even if the charges are dropped. But more importantly than him getting suspended, it was clear his Niner career was on the line if it was proven he had struck his ex-girlfriend. If and when the charges are dropped, he will at least still be on the team. What the the league does is another story. Fair bet to think 4-6 games are coming his way. 

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Not sure what the league will do.  Unlike Elliott, the "victim" has recanted her statement and allegedly has video documentation discrediting her initial statement.  The league has not had a scenario like this....but if the tape is what they say it is I do not think the league will suspend him for the DV incident....the gun/pot charges are a different story.

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3 minutes ago, Tubthumper said:

Not sure what the league will do.  Unlike Elliott, the "victim" has recanted her statement and allegedly has video documentation discrediting her initial statement.  The league has not had a scenario like this....but if the tape is what they say it is I do not think the league will suspend him for the DV incident....the gun/pot charges are a different story.

That's the thing, there is more than just the DV incident. I think there is too much there not to give him any games. I'm sticking with my four game prediction. 

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16 minutes ago, J-ALL-DAY said:

That's the thing, there is more than just the DV incident. I think there is too much there not to give him any games. I'm sticking with my four game prediction. 

Agreed. 

And 4 makes a lot of sense. There's no way I see it being fewer than 2, and I can easily see it being as many as 6 based on the Zeke precedent. I think 4 is a good bet. 

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43 minutes ago, 48 1/2ers said:

Has the NFL ever suspended a guy for just "weapons charges"? I know aldon had some but i though the league only cited substance abuse as their reason. 

Can't think of any without additional charges, though it's certainly within the purview of the league to levy such a suspension.   

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