49ers' Foster pleads not guilty in domestic violence case
09 May, 2018, 00:36 | Author: Christina Hansen
San Francisco 49ers linebacker Reuben Foster pleaded not guilty to felony domestic violence and weapons charges Tuesday while declining to waive his right to a speedy trial.
Ennis has said through her attorney that she initially lied about Foster hitting her on the morning of February 11 and that the injuries documented by police, including a ruptured eardrum and swollen lip, were suffered in a previous fight with a woman.
However, Ennis last month recanted her account of the alleged domestic violence by Foster and handed over to the District Attorney's office a video that she claims shows her in an altercation with another female during which Ennis suffered her injuries.
The 24-year-old Foster was charged with domestic violence with an allegation that he inflicted great bodily harm; forcefully attempting to prevent a victim from reporting a crime; and possession of an assault weapon.
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 police report also affirms previous reports contending that during the argument, Foster "punched her in the head 8 to 10 times", rupturing her eardrum. The identity of the driver, who was interviewed by police, and another guest staying at Foster's home, are potential witnesses.
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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. In addition to the three felonies, Foster was also facing a misdemeanor ammunition charge, but the Santa Clara County District Attorney's Office announced in April it would drop the charge since a judge had issued an injunction against the law in question.
Ennis told police she had been trying to call 911 at one point, when she fell over.
Foster, meanwhile, told police Ennis "would say anything" and that he never hit her.
Foster 's friend stayed with Ennis and him that February 11 night, and claimed he was unaware of any altercation or argument.
The Sacramento Bee's Matt Barrows reported Foster also allegedly threw the victim's dog across a room in the home the night before the alleged assault.
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Investigators did not alter charges against Foster before Tuesday's hearing.
"They may seek to impeach what she says on the stand, and say the story she told initially is the stronger of the two stories", Clark said. Foster, who had worn formal suits to the first two hearings, came in more casual khaki trousers and a blazer Tuesday.
The 49ers are allowing the legal process to develop before making a decision on Foster's future with the team. Foster physically threw her out both times.
Niners general manager John Lynch said they will cut the beleaguered linebacker if the charges involving Ennis are proved true.
"We can promise you guys, if there's someone who ever hits their significant other, girlfriends, some person like that, that person is not going to be on our team", Shanahan said on April 26.
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