According to Matt Barrows of the Sacramento Bee, Foster’s ex-girlfriend Elissa Ennis confirmed through her attorney that she will testify that Foster did not assault her at a preliminary hearing in court on Thursday. Ennis, who accused Foster of domestic violence but later recanted the claims, said the injuries she sustained — which included a ruptured ear drum and swollen lip — were the result of a fight she got into with another woman.
Prosecutors have reviewed a piece of video evidence that allegedly shows Ennis in a fight with another woman, and they will decide on Thursday if they want to move forward with their case against Foster. The 24-year-old has pleaded not guilty to charges of domestic violence, forcefully attempting to prevent a victim from reporting a crime, and possession of an assault weapon.
Ennis initially claimed that Foster struck her 10 times and dragged her down a flight of stairs before throwing her out of his home. She also said he broke her cell phone to stop her from calling the police, which Foster has admitted to doing. The police report from the incident also indicated that Ennis accused Foster of abusing her dog.
The District Attorney’s Office can use other evidence such as 911 calls, medical records and witness testimony to make a case against Foster, but the person who was in the house at the time does not sound like a strong witness. If Ennis testifies under oath that she lied about Foster hitting her, it will be a lot more difficult to pursue the case. – TO