⏩ Reuben Foster: Domestic violence charges against 49er dropped.
A judge dropped domestic-violence charges against 49ers linebacker Reuben Foster on Wednesday, a week after his ex-girlfriend took the stand in a San Jose courtroom and recanted allegations that he beat her up.
The ruling clears the way for Foster to rejoin team activities as soon as Thursday, the 49ers said. Officials of the team, which is holding optional workouts in Santa Clara, said previously that Foster would be released if he were convicted of domestic violence.
Santa Clara County Superior Court Judge
Nona Klippen ordered the case dismissed after the woman, Elissa Ennis, 28, said she had made up the allegations against Foster and lied to police after he broke up with her.
Citing “inconsistencies” in Ennis’ account, the judge said there was “insufficient evidence” to continue the case against Foster.
“The credibility of Ms. Ennis is the critical factor,” the judge said.
Santa Clara County District Attorney Jeffrey Rosen strongly objected to the charges being dropped, indicating prosecutors wanted to proceed with or without Ennis’ testimony.
“We are disappointed because the evidence demonstrated that Mr. Foster seriously hurt his girlfriend,” Rosen said in a statement.
“Some have wondered why we still think Mr. Foster hurt his girlfriend when she said that he didn’t. Recantation is common among domesticviolence victims. Some are scared, some feel guilty, some are coerced, some need money. 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.”
Foster, visibly relieved, left the courthouse following the half-hour hearing without comment, although he displayed a smile and an upturned thumb when asked for his reaction to the ruling. He quickly got into a car in front of the courthouse and was driven away.
Foster, 24, had been charged with domestic violence and forcefully attempting to prevent a victim from reporting a crime.
The judge also reduced a weapons charge against Foster from a felony to a misdemeanor. Police said they found a Sig Sauer rifle inside his home that violated California’s assault-weapons ban. Foster, through his attorney, said he legally bought the weapon in Alabama. He was ordered to return to court June 6 for a hearing on that charge.
In a statement released shortly after the judge’s ruling, 49ers general manager John Lynch said Foster would “have the opportunity to rejoin the team” Thursday.
“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 (weapons) charge,” Lynch said.
Ennis had called 911 on the morning of Feb. 11 and told police that Foster caused facial bruises and cuts on her back, knee and neck. She also told police that Foster had thrown their dog across the room.
Last week, she said in court that she had sustained the wounds in a fight with two women. She also said she had planned to sue Foster in civil court as part of a “money scheme.” In tears, she apologized.
“I’m sorry,” she said. “I really am. I apologize to everybody.”
“It has been made clear to Reuben (Foster) that his place on this team is one that must continue to be earned.” John Lynch, 49ers general manager, after domestic-violence charges were thrown out against the linebacker