Woman recants allegations against 49er.
District Attorney’s Office doesn’t announce if it will still prosecute the 49ers linebacker if the alleged victim doesn’t testify
The woman at the center of the felony domestic violence case against San Francisco 49ers linebacker Reuben Foster is now recanting her accusations, saying she was simply retaliating against him for ending their relationship.
Elissa Ennis announced the retraction Wednesday through a statement issued by her attorney Stephanie Rickard, which says the two domestic-violence charges against Foster were “based on lies.”
“(Foster) did not strike her, injure her or threaten her,” Rickard said in the statement.
The statement also says 28-year-old Ennis’ head injuries that led to Foster’s arrest happened in a fight with another woman, “and that Foster tried to end his relationship with Ennis after he learned of the fight.” She maintains their is video footage of this fight.
“She was extremely upset and told him if he broke up with her she would ‘trash his career,’ ” Rickard said.
The attorney also criticized the Santa Clara County District Attorney’s Office for filing charges against Foster even after Ennis took back her accusations.
Foster’s attorney did not immediately respond to a request for comment. The District Attorney’s Office did not offer comment Wednesday on Ennis’ statement, but also did not indicate any plans to drop the case.
After Foster was arraigned April 12 on felony charges of domestic violence, forcefully attempting to dissuade a witness, and possession of an assault weapon, Deputy District Attorney Kevin Smith said his office was prepared to prosecute even if the reported victim did not testify.
“We’re comfortable with the evidence we have whether (the victim) participates or not,” Smith said at the time.
Foster is scheduled to appear in court Monday, when prosecutors are expected to ask the Superior Court to dismiss a misdemeanor ammunition charge that was based on Foster allegedly having a high-capacity magazine for a SIG Sauer 516 short-barreled rifle found at his home. But the law banning the possession of such a magazine was blocked by a federal court injunction last year in San Diego.
The charges stem from a Feb. 11 incident at a Los Gatos home on Shannon Road where prosecutors and the Los Gatos-Monte Sereno Police Department contend Foster “dragged” Ennis, then his live-in girlfriend, “by her hair, physically threw her out of the house, and punched her in the head 8 to 10 times,” rupturing her eardrum. Foster was ordered to stay away from Ennis and remains free on $75,000 bail.
The 49ers have said they are monitoring the legal process as they decide how to handle Foster’s legal troubles.
“I do want to be very clear, abundantly clear, if these charges are proven true, if Reuben did indeed hit this young lady, he won’t be a part of our organization going forward,” Lynch said Monday.
“The gravity of these charges has not been lost on us. We take it extremely seriously. We do feel like patience is the right approach right now,” Lynch added. “We’re going to learn things through this legal process.”
The case is the latest in a series of charges against 49ers players that were challenged by a victim or witness unwilling to testify, a list that includes former players including Ray McDonald, Ahmad Brooks and Tramaine Brock.
Katherine Redmond, founder of the National Coalition Against Violent Athletes, told this news organization in the wake of Foster’s arrest that spouses and girlfriends of pro athletes can become reluctant after realizing they stand to lose too much.
“The system to protect these victims is not doing its job. When you’re talking about a victim of an NFL player, there has to be something that makes them feel secure in making the report,” she said. “If it’s a spouse, victims think, ‘If I report him, and he loses his job, now what do I do?’ ”
Ennis’ statement reflected on how damaging her accusations were, particularly amid the rising #MeToo movement to strengthen the voice of victims of sexual and domestic violence.
“This case isn’t one of those,” the statement reads. “Ennis apologizes to everyone that may have been harmed in this case, especially Mr. Foster.”