Reuben Foster preliminary hearing in DV case underway


Check back regularly for updates on Reuben Foster’s preliminary hearing Thursday.

SAN JOSE — San Francisco 49ers linebacker Reuben Foster is in court for a preliminary hearing that will determine whether he will go to trial for domestic-violence charges even with a recanting accuser.

NEW: Reuben Foster arrives at San Jose courtroom for preliminary hearing on domestic-violence charges. Judge will determine whether there is enough evidence, with a recanting accuser, to proceed with a trial that would start no later than July 9@mercnews @49ers pic.twitter.com/ZEnB9QwTBs

— Robert Salonga (@robertsalonga) May 17, 2018

Foster pleaded not guilty May 8 to felony domestic violence and weapons charges and invoked his right to a speedy trial, a move that suggested confidence in his situation and accelerated the window for the Santa Clara County District Attorney’s Office to build its case. Judge Elizabeth C. Peterson will determine whether the evidence against Foster warrants a jury trial, or should be dismissed outright.

Adding pressure to the short turnaround time is the fact that prosecutors are still examining a purportedly exonerating video provided by Foster’s one-time accuser, former live-in girlfriend Elissa Ennis. She has since recanted her allegations that led to the second-year linebacker’s Feb. 11 arrest at their Los Gatos home.

Foster is charged with felony domestic violence, forcefully attempting to dissuade a witness, and possession of an assault weapon. Under his speedy trial rights, if the judge clears the way for a trial on some or all of the charges, it would have to start within 60 days, or no later than July 9.

Legal experts not affiliated with the case described the decision by Foster’s defense as a shrewd legal strategy given the doubt that the accuser’s retraction has cast.

Through her attorney Stephanie Rickard, Ennis maintains that the …read more

Source:: The Mercury News – Sports

      

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