© Brace Hemmelgarn-USA TODAY Sports
SAN JOSE — After more than three hours of testimony in Thursday’s preliminary hearing of the Reuben Foster domestic violence case, presiding judge Nona L. Klippen rescheduled a ruling for next week. The hearing is set for May 23 at 3:30 p.m.
This case has loomed over the 49ers since Foster was alleged to physically assault his ex-girlfriend, Elissa Ennis, on Feb. 11. Thursday’s hearing was the first formal court appearance in which extensive testimony was gathered from both sides, most importantly from Ennis herself.
Ennis, 28, testified that her original claims against Foster were untrue. Those accusations claimed that Foster dragged her down the stairs, punched her eight to 10 times, threw her outside of the house, and spit on her. She recanted these statements last month, and she stood by them Thursday. Ennis testified that she fabricated essentially every detail in the original report, including injuries, the nature of the alleged fight between her and Foster, and additional details such as the length of her and Foster’s relationship. She claimed to have lied to police, her brother, and mother.
Ennis said her injuries, including a ruptured ear drum, swollen lip, and scrapes on her left knee and neck, were sustained in a fight with a woman in San Francisco on Feb. 10. Ennis said she returned to Foster’s Los Gatos home, where she had been staying periodically, that night. She said she sensed that Foster was going to break up with her. The next morning, he did.
That is when a massive argument ensued, according to Ennis, in which she chased Foster out of the house, called 911 twice on her own phone, and flagged down an oncoming driver to call 911 again.
From that point on, she fabricated just about every detail she told police.
When asked if Foster ever put a hand on her, she responded without hesitation.
“Not once,” Ennis said.
So, why did she lie about the domestic violence claims?
“I was pissed,” Ennis said, “and I wanted to end him.”
Ennis said it was ‘all about the money.’ She claimed to have stolen more than $8,000 and two Rolex watches, which are stored in a bank safe in Louisiana, from Foster when he spent part of the Feb. 11 evening in jail. Ennis still has the jewelry.
Ennis also claimed that she falsely accused an ex-boyfriend of domestic violence in Louisiana in 2011 when he attempted to break up with her, which is the same same situation she testified Thursday.
Ennis was visibly emotional throughout the hearing. Judge Klippen implemented a second recess when Ennis broke down and struggled to get words out.
“I’m sorry,” Ennis said. “I apologize to everybody.”
The driver whom Ennis flagged down to call 911, Eugenio Pirir, gave Thursday’s first testimony. Then Ennis gave her testimony. Then Los Gatos Detective Jim Wiens, whom Ennis contacted on Feb. 13, two days after the alleged fight with Foster, to come clean about her injuries — that they were suffered in a fight with another woman gave his testimony. Los Gatos police officer Katrina Freeman, who interacted with Ennis and Foster on the Feb. 11 day of the incident, provided the last testimony.
The domestic violence charge is the most serious, but Foster is also awaiting a verdict on a gun charge, which could potentially be dismissed to a misdemeanor.
Klippen will take a week to review all of the information before making a decision.
