February 5, 2019—Mark Foster’s client spent 13 months in jail awaiting trial for first degree burglary as a habitual felon. If convicted as charged, he would face more than 10 years in prison. Foster developed a defense reconciling the circumstantial evidence with an alternate theory that someone else committed the crime. Foster presented no evidence and his client did not take the stand. Through cross-examination of the State’s witnesses and his closing argument, Foster succeeded in convincing the jury that the State had not proven its case beyond a reasonable doubt. After one hour of deliberations, the jury found the defendant not guilty and he was released from jail.
