The video that is described as proof that 49ers linebacker Reuben Foster did not injure his former girlfriend is now in the hands of the Santa Clara County District Attorney’s office.
Attorney Stephanie Rickard, who represents Foster’s former girlfriend, said prosecutor Kevin Smith is now in possession of the video, which is described as showing the alleged victim sustaining injuries in a fight with another woman.
“I will let him make the call as to if he wants to release it,” Rickard told NBC Sports Bay Area in an email.
Foster’s former girlfriend, Elissa Ennis, released a statement Wednesday through her attorney in which she recanted statements she gave to officers on Feb. 12 after an alleged dispute with Foster in Los Gatos. According to the DA’s office’s report, the woman was bruised and sustained a ruptured ear drum. The woman told investigators that Foster hit her eight to 10 times.
Foster was charged with two felonies: domestic violence and attempting to prevent a victim from reporting a crime. Foster also faces a felony charge of possession of an assault weapon. He could face up to 11 years in prison if convicted of the crimes.
But Ennis disclosed in the statement that the charges against Foster were "based on lies," and her injuries were the result of a fight with another woman. Foster tried to end his relationship with Ennis after he learned of the fight, Rickard said.
“She was extremely upset and told him if he broke up with her she would ‘trash his career,’ ” said Rickard, who revealed the existence of a video showing Ennis’ fight with the other woman.
According to the statement released through the woman's attorney, she went to the DA's office to recant her original version of the incident, but formal criminal charges were still filed against Foster.
Neither the DA’s office or the 49ers have commented on the latest development in the Foster case.
Foster is next scheduled to appear in court on Monday at 9 a.m.