Name cleared, it’s time to repay team for its trust
John Lynch and Kyle Shanahan did the right thing by Reuben Foster.
Now the question is, can they trust Foster to do the right thing by them?
On Wednesday, Santa Clara County Judge Nona Klippen dismissed the two felony domesticviolence charges against Foster, meaning he will not go to trial. The judge cited a lack of probable cause. The weapons charge against him was reduced to a misdemeanor.
More than three months after his arrest, Foster’s name is cleared.
The entire case has been dramatic and bizarre. The 49ers knew early that the alleged victim had recanted her story, as did the district attorney’s office. Yet, the D.A., after two months of investigating, pressed ahead with felony charges, leading many of us to assume it had clear and convincing evidence.
The case unraveled last week when the ex-girlfriend took the stand in a pretrial hearing and, weeping, disavowed all she had said before. She said she wanted to ruin Foster’s career, extort him for money — something she said she had done before to another man.
On Wednesday, Klippen scolded the D.A. for the lack of evidence. This is a serious blow to the credibility of the office.
The D.A. issued a statement saying it was disappointed in Klippen’s decision: “The evidence demonstrated that Mr. Foster seriously hurt his girlfriend.”
Right now, the 49ers’ credibility only has been enhanced. The team’s front office, in a pivot from the past, did the right thing under the circumstances. When Lynch, the 49ers’ general manager, said that he thought it was necessary to wait and see how everything unfolded, he was right.
In the past, those phrases were 49ers’ code for “We hope our guy gets off,” or “We think we can manipulate this situation.” But Lynch and Shanahan, the 49ers’ head coach, had reason to believe Foster was innocent, and they stood by him.
The team issued the following statement after the ruling: “The organization is aware the domestic-violence charges against Reuben Foster were dismissed earlier today. As a result, he will have the opportunity to rejoin the team tomorrow. It has been made clear to Reuben that his place on this team is one that must continue to be earned. We will continue to monitor the remaining misdemeanor charge.”
The 49ers know they are not out of the woods with Foster, whom they were able to draft late in the first round last year because he had dropped so far because of concerns about his behavior.
Foster still may face discipline from the league, stemming from his January arrest in Alabama on marijuanapossession charges. That came after Foster was already in the NFL’s substance-abuse program because of his use of a masking agent at the 2017 combine.
But, most important, he still must earn the 49ers’ full trust.
When asked last month whether the team made a mistake in selecting Foster, Lynch said, “I think that’s yet to be determined. I’m certainly not comfortable with what has transpired in the short history that he’s been here. But I think, being around this league, I’ve seen too many cases of guys that struggle early and then, fortunately, figure it out.”
Foster now will be allowed to participate in team activities. The 49ers chose not to have him involved while the legal system ran its course. When players are suspended, the NFL does not allow them to be with their teams. That makes any kind of rehabilitation or guidance difficult.
Former Raiders head coach Jack Del Rio was strongly opposed to that league policy when it came to Aldon Smith. The troubled defensive end wasn’t allowed to be around the team and, presumably lost without the structure of football, continued to spiral downward.
After Smith’s last arrest, Del Rio tweeted: “Never liked ‘league rules’ that eliminate the ability of teams to offer Aldon and others in his situation the structure they so desperately need.”
Lynch echoed Del Rio’s sentiments after the 49ers barred Foster from participating in offseason programs while his case played out.
“I think, for him, the best thing would be having him around his teammates in a structured environment,” Lynch said. “We’ve worked with Reuben on a situation. That’s been our challenge.”
This week, Shanahan said he has been talking to Foster weekly.
“You just always hope that every situation you’re in, in the long run, it can make you a better person,” Shanahan said. “A better man. And I think Reuben is handling it right.”
Now, Foster can be back within the embrace of the team. But for only so many hours a day. So what happens when he’s on his own? Back home in Alabama? On the town with friends?
What can the 49ers do? Can they put a team security person — or “babysitter” — on Foster, like the Cowboys did back in the day with Dez Bryant? Do they just have to trust Foster and hope for the best?
Lynch said in April that Foster “has worked incredibly hard on improving himself.” The general manager expressed optimism.
The 49ers had Foster’s back. Now he must repay their trust.