Reuben Foster pleads not guilty to 3 felony charges in California
09 May, 2018, 00:37 | Author: Greg Wolfe
SAN JOSE, Calif. - San Francisco 49ers linebacker Reuben Foster on Tuesday entered a plea of not guilty to three felony charges, including domestic violence, stemming from an incident involving his former girlfriend on February 11.
And even if Foster can't be convicted of the domestic violence charge because Ennis recanted her claim, when police responded to the scene they found a Sig Sauer short-barreled rifle on the floor of the bathroom with a loaded 30-round magazine and a round in the chamber.
In her original report, Ennis, 28, told police that she and Foster had been arguing the night before and he had become angry and thrown her dog across the room. It was that last time that Ennis initially said Foster had hit her eight to ten times.
There is a video of that fight with another woman, Rickard said, adding that Foster tried to end his relationship with Ennis after learning of the incident.
Foster's plea, which was entered by his attorney at the Santa Clara Hall of Justice, opens the door for a potentially expedient trial, with his preliminary hearing now set for noon ET on May 17.
The morning after their argument, Ennis told police, Foster threw her clothing out the window of an upstairs balcony and told her to get out.
Santa Clara County deputy district attorney Jim Demertzis and Josh Bentley, Foster's attorney, declined comment after Tuesday's proceedings.
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Foster reportedly physically dragged Ennis out of the home multiple times, according to the police report, as she kept making her way back inside.
Steven Clark, a criminal-defense attorney and former county prosecutor not affiliated with the case, described the decision by Foster's defense as a shrewd legal strategy given the doubt that the accuser's retraction has cast on the case.
Foster was stoic and hardly spoke during the first two hearings, but he occasionally smiled and joked with a friend who accompanied him to court on Tuesday.
Due to the addition of the video evidence, Foster's plea hearing was delayed until May 8.
The recanting also stated that Ennis "was extremely upset and told him if he broke up with her she would "trash his career" " and that she "apologizes to everyone that may have been harmed in this case, especially Mr. Foster".
He called the road-rage video the "centerpiece" of the case, one that the district attorney's office must carefully review to figure out its authenticity and timeline. Foster then grabbed the phone and smashed it, she said in the report. The last time, she told police, he punched her 10 times in her face and back. General manager John Lynch released a statement in April saying Foster "won't be a part of this organization going forward" if the allegations against him are proven to be true.
The 49ers have asked Foster to stay away from the team facility and the ongoing offseason program until his case is resolved or there's a significant development. "That's the standard we want on our team, that's the standard we are going to operate under".
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