SAN JOSE, Calif. - 49ers linebacker Reuben Foster pleaded not guilty in court Tuesday morning to charges that he physically assaulted his ex-girlfriend in February. And he's also fast-tracking his preliminary hearing to be held within the next ten days.
The hearing is scheduled for May 17 and the big question is whether his ex -– Elissa Ennis – will testify no that her attorney says she retracts her accusations.
Legal analyst Steven Clark said, "this is a gamble. He's up against a time situation with the 49ers. There's pressure to resolve this."
The prosecutor and defense attorney declined to discuss the case. But Clark said both sides want to get Ennis on the record.
"If she admits she lied to police, she could face charges," Clark said. But the DA could also look at the medical exam and impeach what she say on the stand, Clark added.
Through her attorney, Ennis recanted her Feb. 11 accusation that Foster hurt her and that she was originally retaliating against him for ending their relationship.
Her injuries including bruises and a ruptured ear drum. But a video, turned over to prosecutors, allegedly shows her in a road rage fight with another woman before she called police on Foster.
"They want to make sure that video is authentic," Clark said.
Even if the domestic violence charge gets dropped, there is still the possibility that Foster could face possessing an illegal firearm.