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 Post subject: A Santa Clara County judge ruled Wednesday that San Francisc
PostPosted: Sat Aug 24, 2019 4:04 am 

Joined: Fri Jan 05, 2018 7:14 am
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SAN JOSE Hakeem Butler Jersey , Calif. (AP)49ers linebacker Reuben Foster will not have to stand trial on domestic violence charges after determining there was no evidence that Foster ever hit his ex-girlfriend.Judge Nona Klippen said prosecutors didn’t meet the burden of probable cause on charges of felony domestic violence and forcefully attempting to dissuade a witness.Foster was also charged with felony possession of an assault weapon after officers found a Sig Sauer 516 short-barreled rifle in his home while investigating his ex-girlfriend’s domestic violence report. That charge was reduced to a misdemeanor.The 49ers have not allowed Foster to take part in the offseason program while he dealt with these charges and general manager John Lynch had said he would be cut from the team if it was determined that he hit a woman. Foster will be allowed back Thursday now that the domestic violence charges have been dropped.”It has been made clear to Reuben that his place on this team is one that must continue to be earned,” Lynch said. ”We will continue to monitor the remaining misdemeanor charge.”The prosecutor’s office released a statement expressing disappointment in the judge’s decision.”We are disappointed because the evidence demonstrated that Mr. Foster seriously hurt his girlfriend,” the statement said. ”Some have wondered why we still think Mr. Foster hurt his girlfriend when she said that he didn’t. Recantation is common among domestic violence victims. Some are scared, some feel guilty, some are coerced, some need money. Whatever the cause, we move forward on cases when victims falsely recant because we know that if we don’t more victims will be hurt.”The accuser, Elissa Ennis, recanted her accusations two days after telling police she was hit in the head eight to 10 times by Foster. She testified at a preliminary hearing last week that the injuries were caused by a fight with another woman and she gave prosecutors video of that fight. She said she lied initially because she wanted retribution after Foster tried to end their relationship.Klippen said recantations aren’t uncommon in domestic violence cases but said there was no supporting evidence in this case that Foster had attacked Ennis.”The injuries appear more consistent with a fight with another woman on a street than with being hit in the head by this defendant Chris Lindstrom Jersey ,” Klippen said while ruling from the bench.Klippen also pointed to the fact that Ennis appeared ”unusually calm” while making a second 911 call reporting the incident. A bystander who gave her a phone to make the call testified she wasn’t frantic and didn’t appear to have serious injuries, and there was no evidence of prior abuse. Ennis also testified that she had made false allegations in another case after a boyfriend broke up with her.Prosecutor Kevin Smith had no comment while leaving the courthouse after the ruling and Foster only gave a thumbs-up before getting into a car with his attorney.The 49ers drafted Foster 31st overall last year after questions about his health and character caused him to drop from being a possible top 10 pick.Foster delivered on the field, ranking second on the team with 72 tackles in 10 games as a rookie and looking like a key part of San Francisco’s defensive future.”I’m excited to get him back, give him a hug and move forward,” left tackle Joe Staley said.Foster was charged in January in Alabama with second-degree marijuana possession before the incident in February that led to this case. Foster is due in court next month for a hearing in his marijuana case.NFL spokesman Brian McCarthy said the league will ”continue to monitor all developments in the matter which remains under review.”— In Cincinnati, the Bengals held linebacker Vontaze Burfict through the first five days of free agency. In Miami, the Dolphins are squatting on defensive end Robert Quinn, in the hopes of eventually buying another draft pick by paying part of his salary to facilitate a trade.Those two players and others ended up not available in the first few days of free agency because their contracts lacked for 2019 a clause that forced a quick decision.Plenty of contracts have them. For many players, it’s a roster bonus due on the fifth day of the league year http://www.falconsauthorizedshops.com/authentic-kaleb-mcgary-jersey , like the payment recently earned by Eli Manning. For others, injury guarantees become fully guaranteed within a few days after the start of the league year.The problem is that teams often resist putting devices like that in the later years of a contract, considering the flexibility in year three, four, or five of the contract part of the for the money paid in the first year or two. However, every multi-year contract should at this point contain in the second and third year (at a minimum) some sort of clause that forces the team to make a decision within a few days after the start of free agency, so that the player will know where he’s going to be for the coming year, sooner than later.Absent a sizable roster bonus or a term that makes the salary for the coming season fully guaranteed, the team can keep the player around Kendall Sheffield Jersey , in theory, until the eve of the regular-season opener before dropping out of the blue a take-a-pay-cut-or-take-a-hike ultimatum. With all other teams having their budgets largely spent and their rosters largely set by then, the player often won’t have many/any options if he chooses to refuse the request to slash his salary.Having a trigger early in the league year forces the issue to a head much earlier, at a time when a player would have other possible destinations and the leverage that flows from it. So if the player’s current team squeezes him on March 15, if he declines, and if he’s cut before earning the roster bonus, he can go elsewhere, receive fair pay, get up to speed with his new team http://www.falconsauthorizedshops.com/authentic-john-cominsky-jersey , and be much more ready to contribute to his new team come September.The fact that this isn’t a new phenomenon for teams underscores the importance of agents getting these terms in player contracts. And, if/when players choose to negotiate their own deals, they need to insist on terms like that, so that the team won’t be able to control the relationship for more than five months while the player wonders when or if the axe may fall.And it doesn’t take five months for the damage to be done. Last year, the Cowboys held receiver Dez Bryant’s contract until the middle of April, for no reason other than they could. By the time he was cut, anyone who may have been interested in the middle of March had already made their free-agency moves, forcing Bryant to wait a very long time before the phone eventually rang.

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