15-year-old FDP had a fight with her mother. FDP, an honor student and successful student-athlete, called the police. She told the police that her mother had "pushed" and "hit" her. FDP left the house before the police arrived. At the house FDP's mother told the police a different story; the mother stated that FDP had been the one who "started it" by pushing her. The police believed the mother's version. A short time later FDP was arrested.

Attorney Henry Fasoldt represented FDP. After investigating the case he learned that the mother was almost certainly not going to testify because doing so would expose her own crimes. Therefore, without the mother's testimony, there was no additional evidence. On the trial date the case was dismissed.