August, 2020—Mark Foster represented a man charged with shooting and killing a young woman in 2013. This was supposedly a “cold case” solved by police in 2019. However, Foster and his investigator determined that the police had all their evidence back in 2015 but had sat on the case for four years before charging Foster’s client.
Foster pressured the prosecution by filing a motion to dismiss the case based on a violation of his client’s Due Process rights by delaying the bringing of the case for four years. By sitting on the case for so long, it deprived the defense of the ability to find witnesses in 2019 who could reliably remember the events of a single night in 2013 and establish an alibi.
Most importantly, Foster and his investigator determined that the State’s case rested entirely on a single witness. There was no physical or forensic evidence tying the defendant to the crime scene, nor was there any motive for him to have wanted to kill the victim. Foster assembled a detailed summary of why the State’s evidence could not support a jury finding his client guilty beyond a reasonable doubt. Within two weeks of receiving Foster’s presentation, the State dismissed all charges against his client, who was released from jail after spending 16 months in pretrial confinement. He is now back in the community, free to live his life.