The Sacramento Bee reported on Tuesday that Elissa Ennis, the ex-girlfriend of Reuben Foster who was allegedly involved in the February 11 incident involving the linebacker, plans to testify on Thursday. That is big news because, since the incident at Foster's residence, she has changed her story and said she initially lied to sheriff's deputies and Los Gatos police about what occurred on that day.
Ennis now claims that Foster did not hit her and that her injuries (bruises and a ruptured eardrum) were the result of a physical fight with another woman and not the linebacker. Her new story states that Foster tried to end his relationship with her following the altercation.
Ennis even claims to have video evidence of the fight which clears Foster of the domestic violence charge.
"She was extremely upset and told him if he broke up with her she would 'trash his career,'" read the statement issued by Ennis' lawyer on her behalf.
While having her testify is damaging to the prosecution's case against Foster, Mike Garafolo of NFL Network believes that no matter the outcome, the league will still launch its own investigation into the incident.
"From the legal experts that I have talked to today about this -- not involved in the case but understanding how these things work -- [Ennis' testimony will] really put a dent in this case because there are no other witnesses," Garafolo said. "There are other witnesses to the aftermath ... but that person did not witness the actual situation. One legal expert today told me that is going to be a problem. If she takes back that testimony, then that is going to be an issue.
"However, there are other factors at play here. There's a weapons charge, an element here. Even if he is able to avoid any legal situation, if he doesn't serve any time legally ... there's still going to be an NFL investigation. The league might have their say on this one as well."
Last week, Foster, who was a first-round draft pick by the San Francisco 49ers in 2017, entered a formal not guilty plea to all three felony charges against him. Thursday's preliminary hearing will determine if the case goes to trial.
The charges against Foster include 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.