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Domestic Violence Charges against Phillies' Outfielder Dropped After Accuser Stops Cooperating

Posted by Joseph D. Lento | Jul 08, 2019 | 0 Comments

The criminal charges against Philadelphia Phillies outfielder Odubel Herrera have been dropped after the alleged victim refused to pursue the case. Developments like these are especially common in alleged domestic violence situations.

Phillies' Outfielder Arrested for Domestic Violence

We covered the situation in our blog back in May: Odubel Herrera, an outfielder for the Philadelphia Phillies, was arrested in Atlantic City, New Jersey, over Memorial Day weekend after an apparent altercation with his girlfriend.

Police had responded to an emergency call at a casino there to find the 20-year-old woman with “visible signs of injury to her arms and neck” that she claimed were caused by her boyfriend, Herrera.

Herrera was then arrested and charged with domestic violence and assault. He was put on paid administrative leave by Major League Baseball (MLB) while they conducted their own internal investigation.

Alleged Victim Refuses to Cooperate with Prosecutors: Charges Dropped

In the month that has passed since the apparent altercation, the alleged victim has refused to cooperate with prosecutors, leaving them with little evidence against Herrera. On July 3, they agreed to drop the charges against Herrera if he went to counseling sessions for 60 days.

Herrera and his girlfriend reportedly left the courtroom holding hands.

On Friday, MLB announced that Herrera would be suspended without pay for the rest of the season for violating the league's domestic violence policies. The suspension will cover 85 games in the regular season and any postseason games the Phillies might play. Herrera has no plans to appeal the suspension.

Domestic Violence and Recanting Victims

Allegations of domestic violence are notorious for getting dropped by prosecutors because alleged victims refuse to cooperate or testify after they say they were assaulted. While more women have been coming forward to report abuse or sexual assault in the past few years, an estimated three in four still recant their accusations, change their stories, or outright refuse to cooperate with prosecutors pursuing the case that they reported.

In some cases, the reasons for an alleged victim's refusal to cooperate are understandable:

  • They fear retaliation from the person they're accusing
  • They have weighed the pros and cons of a conviction and decided to stop the prosecution
  • They are being pressured by the defendant and others to recant

In other situations, though, the reasons for an alleged victim's change of heart are far more problematic:

  • They made the initial accusation in the heat of the moment and now realize that they were lying and that their story is unraveling
  • They were trying to coerce, threaten, or manipulate the person they were accusing
  • They made the accusation to hurt the defendant for something they did or didn't do

Criminal Defense Lawyer Joseph D. Lento Serves Philadelphia

Domestic violence allegations are serious. They are also frequently made by people who have an ulterior motive for the allegation. Uncovering this ulterior motive can be an effective defense, as it can drastically undercut the credibility of the accuser.

If you have been accused of a crime of domestic violence in Philadelphia, call criminal defense attorney Joseph D. Lento at (215) 535-5353 or contact him online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

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