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Reuben Foster's ex-girlfriend plans to testify Thursday

Reuben Foster's ex-girlfriend plans to testify Thursday
Published On: Tue, May 15
Dec 24, 2017; Santa Clara, CA, USA; San Francisco 49ers outside linebacker Reuben Foster (56) reacts after a tackle against the Jacksonville Jaguars during the first quarter at Levi's Stadium. Mandatory Credit: Kelley L Cox-USA TODAY Sports

Elissa Ennis, the ex-girlfriend of Reuben Foster, plans to testify Thursday that the 49ers linebacker did not hit her on Feb. 11 and that she initially lied to police, her attorney confirmed Tuesday.



Ennis has since said, through attorney Stephanie Rickard, that the injuries she suffered, including a swollen lip and a ruptured eardrum, came from a prior fight with a woman. A video of Ennis scuffling with a woman has been given to the Santa Clara County District Attorney's Office for review.



A preliminary hearing in Foster's case has been set for Thursday, at which point deputy district attorneys will have to decide whether to move forward with all charges if Ennis is, in essence, working against them.



"The burden is on the people (district attorney's office) to show that Mr. Foster did this beyond a reasonable doubt," legal analyst Steven Clark said last week. "So the murkiness thata€™s been created here is very problematic for the DA, and they need to evaluate, a€˜Is this the kind of case we can more forward on, not just at a preliminary hearing, but at trial ...?'"



Clark said Ennis would be putting herself at risk of prosecution by admitting she fabricated her initial story but that he didn't think the district attorney's office would file charges against her.



Last week, Foster, 24, pleaded not guilty to the three felony charges against him: domestic violence with an allegation that he inflicted great bodily injury; forcefully attempting to prevent a victim from reporting a crime; and possession of an assault weapon.


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