Reuben Foster's plea hearing pushed back again as prosecution reviews new video

Reuben Foster's plea hearing pushed back again as prosecution reviews new video”

"Foster's due process rights and for the integrity of the ongoing investigation, it would be inappropriate to comment on the evidence other than in the court room", prosecution representative Jim Demertzis said.

Demertzis said the District Attorney's Office understands that the changes in the case have prompted a lot of questions, but stressed that the public should keep in mind one thing: it's common for domestic violence victims to work against the system that is created to protect them.

The Santa Clara District Attorney's office on Monday motioned to push back Reuben Foster's plea hearing to May 8 for more time to review a video presented by the alleged victim, Elissa Ennis. Ennis' attorney, Stephanie Rickard, says the video footage provided to Santa Clara County prosecutors proves Foster didn't cause her client's injuries.

"The video is believed to show Ennis, following a road rage-type incident in or near San Francisco, fighting with a woman", reports the Sacramento Bee.

Foster's case was to be the first item addressed in court but was suddenly delayed when a court reporter said that they had received a call that Rickard and Ennis were on their way. Her injuries instead were the result of a fight with someone else. That was expected after the district attorney's office released a statement on April 16 indicating that the charge was not prosecutable because of a federal injunction.

During Monday's appearance before Judge Nona Klippen, Bentley was interrupted when Rickard called the courtroom and asked for a break in the hearing so she could attend.

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"She was extremely upset and told him if he broke up with her she would trash his career, '" Rickard said.

"What's important to keep in mind is that, sadly too often, victims of domestic violence, for a host of reasons, choose not to cooperate with the process that holds their accuser accountable", Dermertzis said. Recent domestic-violence and sexual-assault cases against 49ers players were either dismissed or reduced because either a victim or witness refused to testify in the cases involving Ray McDonald, Ahmad Brooks and Tramaine Brock.

The statement added that "Ennis apologizes to everyone that may have been harmed in this case, especially Mr. Foster".

But Clark also noted that prosecutors likely were aware of the possibility that the alleged victim would recant, but determined that the case was strong enough to stand even without the key accuser. Prosecutors have known for months that Ennis wants to recant her initial statement to police but the video is new.

Prospectors have said up until now that they continue to move forward with the case despite Ennis' recantation.

Check back later for updates to this story.

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