Foster to be charged despite recant

Santa Clara County prosecutors said Thursday they will proceed with a domestic-violence case against the 49ers’ Reuben Foster despite the woman at the center of the case having recanted her testimony.

Foster’s ex-girlfriend, Elissa Ennis, claimed this week that she had made up her story about the 24-year-old linebacker having assaulted her and thrown her out of his Los Gatos home in February. She said, through her attorney, that she was angry at Foster and wanted to “trash his career” because he sought to break off their relationship.

Officials at the Santa Clara County District Attorney’s Office declined to discuss their decision to maintain multiple felony charges against Foster, which include inflicting great bodily injury, forcefully attempting to prevent a victim from reporting a crime and possessing an assault weapon.

Legal and domesticviolence experts said prosecutors may believe they have sufficient evidence to make their case, something that can be done even without the alleged victim’s cooperation.

“Are there witnesses? Are there recordings? Are there photographs?” said Nancy Marshall, executive director of the Domestic Violence Intervention Collaborative in San Jose. “All that can play a role.”

Foster was arrested Feb. 11 after Ennis flagged down a stranger’s car near Foster’s home and asked the driver to call 911, according to the district attorney’s office. She reportedly told sheriff ’s deputies and police officers that Foster had dragged her out of his house by the hair and punched her in the head 8-10 times.

Ennis reportedly was treated for a ruptured eardrum at a nearby hospital.

This week, however, Ennis’ attorney, Stephanie Rickard, said her client wanted “to do the right thing” and set the record straight. Her injuries, according to Rickard, were the result of a dispute with another woman, not Foster. Ellis had told prosecutors that she lied about Foster, Rickard said, but the district attorney’s office still filed charges.

Marshall said it’s not uncommon for victims to change their story.

“Sometimes there are threats. Sometime there is fear.” Marshall said. “Hurting someone’s career could be an issue. There could be financial reasons. Recanting is extremely common.”

The 49ers have declined to comment on Ellis’ recanting, saying Wednesday that the team doesn’t speak about ongoing legal matters.

On Monday, however, general manager John Lynch said the team would cut ties with Foster if the allegations against him prove true.

Foster was arrested one other time this year. On Jan. 12, he was taken into custody in Tuscaloosa, Ala., on suspicion of possessing marijuana.

He could not be reached for comment.