August, 2016—Trial of client charged with multiple felony counts of sexually assaulting child many years earlier. Foster’s trial strategy focused on the prosecution’s lack of physical, medical, or eyewitness corroboration for the alleged victim’s claims. Result: jury deadlocked 9 to 3 in favor of acquittal. State has yet to decide whether to retry case.
March, 2016—Trial of client charged with multiple counts of child rape. Defense strategy focused on establishing implausibility of alleged victim’s story, the lack of corroboration, and presentation of alibi evidence. Result: jury acquitted client on all charges, client released from jail.
2014—Trial of wife of professional athlete charged with two counts of assault with deadly weapon on security guard and one count of resisting police officer. Result: jury acquitted on both counts of assault with a deadly weapon, convicting only on lesser charge of resisting police officer’s instructions.
2013—Mark Foster represented a realtor in a complex federal mortgage fraud and racketeering trial. He vigorously contested the case, but lost in a tough verdict by the jury. Foster appealed the case to the Fourth Circuit Court of Appeals, raising government discovery violations and perjury by a government witness. Unfortunately, the Court of Appeals ruled against Foster’s client.
2012—Foster represented a motel owner charged with maintaining a motel for the purpose of drug possession and distribution. When the State rested its case, Foster moved to dismiss the case based on the State’s failure to alleged a necessary element in the accusatory pleading. The judge granted Foster’s motion, resulting in a dismissal of the case against…
2009—Foster represented a podiatrist on 29 federal charges alleging unlawful distribution of controlled substances through an internet pharmacy website. After a two-week trial, Foster succeeded in getting the jury to acquit his client on all 29 counts despite the two codefendants (a physician and the website operator) being found guilty of their charges in the same trial.
2008—Foster represented a client charged with 2nd degree murder based on deadly head-on conviction while allegedly under the influence of alcohol. Foster’s defense focused on exposing the lack of expertise of State’s accident reconstruction expert on cross-examination and creating reasonable doubt. Result: not guilty of murder, but guilty of lesser offenses, greatly reducing his sentence.
2007—Foster’s client was charged with felony possession of cocaine. The cocaine had been found in the center console of a vehicle that belonged to and was normally driven his wife. Jury verdict: Not guilty.
2005—Mark Foster represented a client charged with DWI. Foster’s defense focused on the margin of error of breath testing machine where client’s blood-alcohol level was .08. Foster’s use of testimony by a defense expert witness undermined State’s case and the jury deadlocked 11 to 1 in favor of not guilty. The State later dismissed case.
2005—Foster went to trial on behalf of a client charged with a federal drug distribution conspiracy charge. The jury acquitted the client on the drug conspiracy charge and convicted only on a possession charge.