Santa Clara DA ‘exploring the legal options’
SAN JOSE — The Santa Clara County District Attorney’s Office said Monday it is evaluating whether to pursue a probation violation charge against now-terminated San Francisco 49ers linebacker Reuben Foster, who was arrested for domestic-violence in Tampa over the weekend.
Police meanwhile released 911 audio from the call by his “on-again off-again” girlfriend, who had recanted similar allegations earlier this year.
Foster was sentenced in Santa Clara County to two years probation in June after he pleaded no contest to a misdemeanor weapons charge for an assault rifle found in his Los Gatos home the morning of Feb. 11. He was arrested that day on suspicion of domestic violence based on allegations made by Elissa Ennis, the same woman who is the alleged victim in Foster’s latest arrest.
The weapons violation was the only charge to survive from the February encounter, after Ennis recanted her accusations on the stand during a preliminary examination. After the domestic-violence charges were dropped, prosecutors stood by their case.
“Some have wondered why we still think Mr. Foster hurt his girlfriend when she said she didn’t. Recantation is common among domestic-violence victims,” the Santa Clara County District Attorney’s Office said in a statement in May. “Whatever the cause, we move forward on cases when victims falsely recant because we know that if we don’t, more victims will be hurt.”
Monday, the DA’s office released a statement in response to news of Foster’s arrest in Tampa, alluding to prosecuting a probation violation. The office said it is even considering re-charging Foster on the original case — double jeopardy does not apply because Foster never went to trial — but that is widely considered a long shot.
“We are sad, though, not surprised, and exploring the legal options,” the statement reads. “The cycle of domestic violence is frightening and frighteningly powerful. Every day, this office faces the challenges of keeping survivors safe and holding DV abusers criminally accountable. As we said when the judge dismissed the case against Mr. Foster: Our commitment to domestic violence survivors is unwavering.”
Steven Clark, a criminal-defense attorney and former prosecutor who closely followed the Foster case, said Sunday that Santa Clara County prosecutors should feel at least partially vindicated, and have cause to revisit their case.
“The Santa Clara DA’s skepticism of the prior recantation is substantiated by this recent arrest,” Clark said. ‘It is likely they will consult with Tampa authorities to review their investigation of the Los Gatos arrest.”
Also Monday, Tampa police released 911 audio of Ennis’ call Saturday night asking police to come to the Grand Hyatt hotel, located about five miles from Raymond James Stadium where the 49ers played the Tampa Bay Buccaneers on Sunday.
Foster was arrested that same night and cut by the 49ers the following morning before the game. He was released from Hillsborough County jail that afternoon after posting bond.
The two-minute audio excerpt does not offer any significant insight beyond what Tampa police had already stated over the weekend, but conveys emotion similar to the 911 call she made in Los Gatos earlier this year.