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Prosecutors review video from 49ers’ Reuben Foster’s ex-girlfriend

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    San Francisco 49ers linebacker Reuben Foster, center, exits the Santa Clara County Superior Court after his arraignment in San Jose, Calif., in April. Prosecutors say the ex-girlfriend of Foster has submitted a video to support her statement that she lied when she told authorities Foster had hit her. But Santa Clara County prosecutor Jim Dermertzis said the district attorney’s office will continue to prosecute the domestic violence case against Foster even if his ex-girlfriend does not cooperate with the investigation.

SAN JOSE, Calif. >> The ex-girlfriend of San Francisco 49ers linebacker Reuben Foster has submitted a video to prosecutors to support her statement that she lied when she told authorities Foster had hit her.

But Santa Clara County prosecutor Jim Dermertzis said today that the district attorney’s office will continue to prosecute a domestic violence case against Foster even if his ex-girlfriend, Elissa Ennis, does not cooperate with the investigation.

“Sadly, too often victims of domestic violence, for a host of reasons, choose not to cooperate with the process that holds their abusers accountable,” Dermertzis said.

But “If the evidence independent of the victim in a domestic violence case is compelling, it’s the prosecution’s duty to seek justice,” he added.

Foster was present at Monday’s hearing where the video was discussed but did not speak in court. He left without commenting to the media.

Prosecutors say Foster attacked his girlfriend in February at their Los Gatos home, leaving her bruised and with an injured eardrum. The 28-year-old woman told responding officers that Foster dragged her by her hair, physically threw her out of the house, and punched her in the head eight to 10 times.

Dermertzis refused to discuss the content of the video but Ennis has said through her attorney that she had footage that shows Foster did not cause the injuries that led to the domestic violence charges against him.

Ennis’ attorney, Stephanie Rickard, last week issued a statement on Ennis’ behalf saying her injuries were the result of a fight with another woman, and that Foster tried to end his relationship with Ennis after he learned of the fight. A video of that fight with another woman has been made available.

“She was extremely upset and told him if he broke up with her she would ‘trash his career,’” Rickard said.

Prosecutors made a motion today to push back a scheduled plea hearing to May 8 to give them time to review the new evidence.

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