On Monday the wife of Albany Municipal Court Judge Willie Weaver said the charges that he attacked her are not true. However in the police report obtained by fox 31 officers she was attacked by her husband. Which means one of the statements is a lie, and if it's what she told police then it could also be a crime.
"My husband did not hit me. Nor has he ever hit me," said Vester Weaver on Monday.
The statements by the alleged victim are contrary to what was said in this 19-page police report.
According to the report Vester Weaver told officers that her husband was intoxicated and hit her in the head with a beer bottle. Weaver was taken here to Palmyra Park Medical Center and received six stitches.
Dougherty County District Attorney Greg Edwards is not working on the Weaver case and didn't comment specifically on it, but says giving a false statement to police is a felony crime.
"If the person is involved in a legal investigation and then they lie about certain events to police officers or law enforcement agency then that generally triggers the false statements," said Edwards.
No charges have been brought against Vester Weaver and for now she says she plans to stand by her husband. If the victim doesn't want to testify it can make the case that much more difficult in domestic violence cases.
"If your mission is to try to find the truth, if one witness does not want to provide any information, it does make it more difficult to get to the truth, but that doesn't prevent you necessarily from getting to the truth," said Edwards.
Edwards says she would have spousal privilege not to testify, but there is one hang up.
"If there is an event that occurs in the presence of children of the marriage, then you cannot invoke spousal privilege to not invoke spousal privilege relative to whatever the situation may be," said Edwards.
And on that police report, where it does say 'children were present during the alleged crime', a box is checked "yes".
According to the police report officers never got a written or recorded statement from Vester Weaver saying she was abused by her husband.
These reports all come from the Albany Police Department but the investigation has since been handled by the GBI.