SANTA CLARA – A judge will make a crucial ruling on Wednesday that is likely to determine the 49ers' next move with linebacker Reuben Foster, who faces two felony counts of domestic violence.
The decision will be announced at 3:30 p.m. at the Hall of Justice in San Jose whether probable cause was demonstrated last week during a preliminary hearing. Foster faces three felony charges of domestic violence, forcefully attempting a victim from reporting a crime, and possession of an assault weapon.
Foster has not taken part in any of the 5 ½ weeks of the team’s offseason program since the Santa Clara County District Attorney's Office filed the formal charges in April. The 49ers opened organized team activities on Monday.
“It’s still ongoing,” 49ers coach Kyle Shanahan said of Foster’s legal issues. “Hopefully, we’ll have some more answers by tomorrow. We’ve been patient this whole time. We’re going to continue to be patient until we get a few more answers. And, then, when the decision does come, I promise you guys, I’ll answer that for you right away.”
The DA's office last week attempted to present evidence in court to justify moving forward to the trial phase with Foster. However, the accuser, Foster’s former girlfriend, recanted her initial statements to policy and gave testimony that supported Foster's defense.
The woman, Elissa Ennis, said under oath last week that Foster did not harm her. She said her injuries were the result of a fight with one or two women following a road rage incident the night before the alleged incident with Foster. She said she was upset because Foster was threatening to break up with her and she wanted to ruin his career. She said she lied about her accusations of Foster's abuse.
The 49ers took no action after the initial reports of the alleged incident, choosing to let the legal process play out. Although Foster has not been showing up at team headquarters, members of the organization are remaining in contact with him.
“I reach out to him about once or twice a week to see how he’s doing,” Shanahan said.
How is Foster doing?
“He’s hanging in there,” Shanahan said. “Obviously, it’s a tough challenge. I think anyone would realize. It’s a very hard thing to go through. We’ll see how this ends up, but just always hope that every situation you’re in, in the long run, it can make you a better person and a better man. And I think Reuben is handling it right.”