Jury rules in favor of Giles; ex-fiancé must return the ring - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Jury rules in favor of Giles; ex-fiancé must return the ring

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SAN DIEGO (CNS) - Former San Diego Padre outfielder Brian Giles emerged the victor Friday in a palimony case involving a former girlfriend, who claimed he abused her and owed her money for failing to live up to the terms of a prenuptial agreement.

Following a three-week trial, a San Diego jury determined there was no breach of contract regarding the agreement and also found that 34-year-old Cheri Olvera must give back a $108,000 engagement ring or pay Giles that amount.

"The prenup was clear enough, but she never signed it," said Giles' attorney, James Scott.

Scott said Olvera had agreed to marry Giles, but had also agreed to sign the prenuptial agreement. "So she actually breached the promise to marry by failing to sign the prenup," Scott told reporters.

Scott said Olvera claimed she had an implied contract with Giles and deserved to be paid $80,000 a year for the five years they were together.

Olvera filed suit in November 2008, claiming Giles was abusive toward her during their relationship.

Giles, 40, countersued, alleging his ex-fiancée abused him by pulling his hair, slapping him and leaving him threatening voice mail messages after they split up in 2008.

Jurors found the former couple abused each other, but the injuries didn't cause serious bodily harm.

Olvera originally sought more than $10 million in damages, but her attorney said in her closing argument that Olvera was seeking $500,000 from Giles.

"I just feel justice prevailed," Giles said outside the courtroom.

"It was a relationship that eventually became too much financially, and I've been telling the media for two-and-a-half years now this is what it's been about. I couldn't be more happy."

Giles said having his name dragged through the mud has been difficult.

"It's brutal," he said. "It's been my first, and my last court appearance. But you know, it's been harder on the family. You know, your kids going to school and having to listen to this stuff, and that's been the toughest part for me.

"I'm an adult. I've been yelled at before playing baseball, so for kids it's hard for them to take in. I just don't think we got the respect from the plaintiff's side, and that part she didn't really care about."

One of Olvera's attorneys, Su Barry, said she was discouraged by the verdict, especially on the claim of domestic violence.

"She's a resilient woman, an amazing woman, who stood up for what she believed in," Barry told reporters.

Barry said Olvera's legal team hadn't decided yet if the case will be appealed.

As part of her domestic violence claim, Olvera's attorneys pointed to a much-publicized 2006 videotaped incident at a Phoenix bar, in which she is seen falling to the ground on the way out of the bar after an argument with Giles.

Giles pleaded no contest to a misdemeanor battery charge in connection with that incident.

"It's probably an example of a couple that was in a dysfunctional relationship. They argued a lot, they were probably loud," Scott said. "There may have been some jostling, some pushing or shoving here and there, but there was no injury.

"She came through with no visits to the doctor, no bruises, no pain pills for anything that she experienced, and thus, she had no case."

Olvera is now engaged to former Major League baseball player Chuck Knoblauch.

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