SAN JOSE — Business picks up next Wednesday for the 49ers. And, most likely, for Reuben Foster.
A couple miles up First Street and a couple hours before the 49ers hold their state-of-the-franchise address in San Jose, a judge plans to rule whether Foster must stand trial on felony charges of domestic violence and assault-weapon possession.
Foster’s three-month saga from a domestic dispute gained more clarity with Thursday’s preliminary hearing. His accuser, ex-girlfriend Elissa Ennis, gave compelling and seemingly credible testimony, detailing her lies and her financially driven motives that led to Foster’s Feb. 11 arrest.
With Thursday’s developments came a flood of comments and questions outside courtroom No. 44. Here are some responses to those who reached out through Twitter:
I think that’s BS. I’m sure she got strong armed into that. And I’m sure some money will get thrown her way for that “confession”. Pretty sad what people with money seem to get away with
— kevin myers (@kmyers1717) May 18, 2018
Money, indeed, is what Ennis claims she wanted all along. But, under oath, she said she’s received “not one dime” from Foster since the Feb. 11 breakup at their Los Gatos home. She did admit to stealing over $8,000 and two Rolex watches from Foster and putting them in a safe-deposit box in her Louisiana hometown, and that she’d been advised by her family to return that money.
Here is her testimony in an exchange with Foster’s attorney, Joshua Bentley:
Bentley: How do you earn money?
EE: “Do we have to go there?”
Do you have a job?
“I have an investment property.”
Did Reuben give you money when you lived together?
“Yes.”
Has he since Feb. 11?
“No.”
Not a dime?
“Not a dime.”
https://twitter.com/Ludwig422/status/997288631235678209
Foster has not commented since his arrest, and that includes walking silently past reporters in the courthouse and staying off social media. His body language Thursday did reveal a few clues about how he feels. While Ennis relived their Feb. 11 breakup without making eye contact toward him, Foster sat in his chair and nervously bounced his right leg under the table while tapping a black pen on his notepad. When a Los Gatos police officer testified that Foster was “agitated” at the scene Feb. 11, he shook his head in disapproval. If Foster gets cleared of these serious charges, I’d expect him to carry any pent-up frustration onto the field this season.
For people who want players suspended right when news breaks this is the reason why you shouldn't, the thought of punishing an innocent person should be far scarier to people than it is. Innocent until proven guilty was established for this exact reason. https://t.co/gWuJqOdAyL
— Apperation (@Apperation14) May 18, 2018
Indeed this is every American’s constitutional right. As for a suspension from the NFL, that remains a possibility, and a league spokesman said Thursday its investigators are monitoring all developments. Although a dozen members sat in on the preliminary hearing, no one from the league or the 49ers were visibly present, so here’s hoping the court reporter transcribed well for them.
Didn’t something similar happen with Zelle Elliott? https://t.co/i4U87jaXeK
— Ja Wick (@mindofrob) May 18, 2018
The NFL’s domestic-violence policy calls for a six-game suspension even if charges are not filed, as was the case last year with the Dallas Cowboys’ Ezekiel Elliott. But former 49ers cornerback Tremaine Brock did not get suspended after a domestic-violence arrest last year in which the case was dismissed. Complicating Foster’s future is a marijuana-possession arrest in January that could impact his standing in the substance-abuse program.
Didn't he throw her dog across the room? What about that?
— Jenna Chase (@skyflyerjen38) May 18, 2018
Ennis testified that was another of her fabrications, that Foster threw his bulldog. A police officer testified that the dog showed no signs of abuse. Asked by Bentley why she would lie about throwing a dog, Ennis replied: “Because I was pissed and I wanted to end him.”
https://twitter.com/jacobstevens/status/997267486209785856
Nobody looked happy, and this really is a private matter that’s been amplified because of Foster’s celebrity as a NFL player. Ennis said she plans to check into a clinic for whatever she’s going through, noting she’s been on anti-depressant and pain medication.
No the DA had his own agenda from the start. He just wanted to nail an NFL player.
— jaxon (@ajaxflgz) May 18, 2018
From the start, prosecutor Kevin Smith said the District Attorney’s Office would press forward with this case even if Foster’s accuser did not wish to testify. “I hope to some people it indicates the ability to come and get help if you are being abused,” Smith said after an April 12 arraignment. “There are resources for you, and we do not care who the perpetrator is, their status in the community, or anything of that nature. We are here to get you justice, and to get you help.”
Ennis recanted her story to police two days after the Feb. 11 arrest, and she did so again in a public statement through her attorney last month before Thursday’s testimony. “Honestly I never though it would get this far,” Ennis said. “I wanted to sue him on my own. I didn’t think y’all would capitalize off it.”
Looks like Foster is going to avoid long-term suspension, release from team, jail time. This is a good situation for both Foster and the #49ers. https://t.co/CRyQvwDQDZ
— Aaron Tan (@AaronTanFB) May 18, 2018
That looks the way it’s headed, but it’s still premature to assume Foster is in the clear. Yes, Ennis’ testimony exonerate Foster in the domestic-violence and making threats charge. Yes, Foster’s guns were legally purchased, and perhaps a fine and community service is his penance, but no matter what prosecutors say about how he stored them, they were in his private residence and not used in a threatening manner in the Feb. 11 incident. Yes, the 49ers stood by Foster from Day 1 and that apparently looks justified. However, calling all this a “good situation” simply inappropriate.
https://twitter.com/drgonzo777/status/997226788555182080
She certainly could be charged with filing a false police report, and no word on what the prosecutors thought of her testimony Thursday in which she admitted to a barrage of lies. It’s unlikely the District Attorney’s Office would pursue such a case simply because of how that might deter potential victims in other instances from coming forward.
What was that old movie called, ED TV? Where they had a dude on camera 24/7.
Looks like players need to video themselves for protection these days. Just not the put it on tv part.📹— ≋D≋R≋E≋W≋ (@CtownBrowns57) May 17, 2018
Instagram, Snapchat and Facebook stories are already turning athletes into reality-TV stars/directors. That said, the idea of a 24/7 camera crew on a player sounds like a better twist that HBO’s annual “Hard Knocks” episodes of training camp highs and lows.
The harm this does to actual domestic abuse survivors…..
— Mark Phillips (@GoingCommander) May 17, 2018
Let’s hope that’s not the case. Let’s hope anyone involved in domestic violence seeks the help and justice they deserve.
