Posted on 03/15/2009 6:41:02 AM PDT by kellynla
After spending a decade behind bars, a former Camp Pendleton Marine is now a free man because a military appeals court ruled that “a muddled, hearsay-based case” caused his spousal-rape conviction.
But anyone who thinks Brian Foster is bitter would be wrong. As Foster left the prison at Fort Leavenworth, Kan., on Feb. 20, he picked up his sergeant stripes and spoke candidly with his superiors.
“I told (them) I was happy to be back in the Marine Corps and that I'll go anywhere and do anything the Marine Corps wants me to,” Foster, 35, said during a phone interview yesterday from Belton, Mo. “I said I love my country and I love the Marine Corps and that unfortunately, these things happen in a free country.” Foster was handed a cell phone to call his parents in Texas. It took him a while to admit that he didn't know how to use a cell phone.
“Heck, I didn't know how to turn it on,” he said. His ordeal began when a military jury at Camp Pendleton convicted him of spousal rape and related charges on Dec. 3, 1999. He received a 17-year prison sentence. But in a February ruling, a three-member appellate panel cited a host of problems with the prosecution's case: There was no forensic evidence of the alleged rape. Foster and his wife, Heather, continued having sex for years after the alleged rape and even made a sex tape together.
(Excerpt) Read more at 3.signonsandiego.com ...
There was no forensic evidence of the alleged rape.
Foster and his wife, Heather, continued having sex for years after the alleged rape and even made a sex tape together.
The rape accusation arose during a contentious divorce and custody battle for the couple's two boys.
The court-martial judge allowed misleading or unreliable testimony from three witnesses.
Foster's lead attorney handled the case poorly, such as not cross-examining a crucial witness."
“...and even made a sex tape together.”
Congratulations!
It used to be the fairest shake in the world. This sounds truly awful.
Those of us on the civilian side know that you should view with extreme suspicion ANY accusations of criminal acts arising out of a contentious divorce. It is now just about S.O.P. for warring couples to raise false accusations of child molestation, for example. Somebody needs to let the military prosecutors know about this now simple fact of life . . .
mean time, Larry Hutchins had his hearing in the last week, and they said...
GUILTY!
Even after they heard testimony he was following orders, too.
Semper Fi,
Kelly
Political correctness has run amok.
I wonder, does his ten year stretch count as “good time” towards retirement?
Whining and playing the victim would do him more harm than good. He's manning up and doing the right thing. Takes a lot of character to do that.
Hopefully he can start from here and move forward. And not get entangled with any more questionable women . . . .
First, obviously a questionable claim given the subsequent relationship, for years.
Second, how long after the fact can such questionable accusations be made. Is there no Statute and, if within Statute, how can there possibly be ANY after the fact evidence after the passage of so much time other than the statements of self interested parties.
Don't know the details but this sounds absolutely absurd and more than a little crazy to me. Looks like the Military Justice System simply chews up and spits out those who become ensnared in it.
Also, does he get back pay?
This poor guy spent the best years of the country’s recent history locked up in jail. What’s he going to think now, going from rapist-in-chief to idiot-in-chief?
She would deserve it -—
But, it would be bad for his kids, and he seems like he has far too much class, and is not out for vengeance.
I have a friend who spent two years in county jail for a trumped-up child molestation rap as a result of nasty divorce, eerily similar to Foster's.
He, too, quickly put it behind him and seemingly holds no grudges.
Both cases appear to be the result of "convict at any cost" prosecutions.
I assure one and all that any false charges against me, or anyone in my family, that result from prosecutorial malfeasance WILL result in my eventual incarceration for first degree murder.
Man, I hope so and I hope his lying conniving wife doesn't see a penny of it.
I agree, but unfortunately...the state will go after him for back child support while he was in jail.
You receive no pay when you are in military prison, I believe. Looks like he has 10 years worth of sergeant pay and housing allowances due to him.
http://www.amicusveritas.org/AMPLP/freethesailor/index.htm
He is in the Navy, was raped in San Francisco by a sexual predator, protected himself, killed the rapist -— and went to prison for it!
That would put an end to this PC ca-ca quickly
.
Things are so screwed up all over that its virtually impossible for one person to keep track. So much gets swept under the rug.
Seems to me like this Marine was in jail all for lack of one good journalist. Unfortunately, there are precious few good journalists and none at all in the controlled media.
This man should be compensated. Heavily. He was a good Marine by all accounts and HIS GOVERNMENT screwed him. Additionally, his years served in prison should instead be years added to his military service. I will gladly, happily pay my share of the tax burden of his lawsuit, as I believe in making wrongs right and this man was badly wronged.
His attitude is incredible, I’d like to shake his hand.
It has been awhile since I was on active duty, so maybe the rules have changed, but yes, his time is prison should count toward retirement, time in grade, time in service, and he is due back pay at his rank before the false conviction. That is, unless the rules have changed.
I shouldn’t have said ‘his lawsuit,’ as there has been no mention of one and its probably the furthest thing from his mind. What I meant was that if he were to sue, it would be perfectly fine with me, and I’d not begrudge him his due.
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