Amazingly enough, it took Marine Sergeant Brian Foster 10 years to get his conviction heard by an appellate tribunal.  That's 10 years behind bars for allegedly raping his wife, a crime he has always denied committing.

The appellate court noted that, at the trial of the case, there was no forensic evidence of rape, Foster and his wife continued to have intercourse for years after the alleged attack and the allegations came in the middle of a contentious divorce and custody case.

The Marine Corps blamed a large backlog of cases and "judicial negligence" for the long delay in hearing Foster's appeal.  Military prosecutor Col. Tom Umberg said, "This injustice should have been resolved in 18 months."

Interestingly, this article about Foster's case refers to his wife Heather Foster living in the Denver area with "her" two sons (San Diego Union-Tribune, 3/14/09).  Those would appear to be "his" two sons as well.

The article says Foster intends to continue in the Corps until his retirement.  What he plans to do regarding his sons is not mentioned.

This entry was posted on Tuesday, March 24th, 2009 at 5:03 pm and is filed under Crime/Criminal Justice System/Police.