A Santa Clara County judge ruled Wednesday that San Francisc

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A Santa Clara County judge ruled Wednesday that San Francisc

par zhangzk » Mar 27 Août 2019 à 2h54

SAN JOSE Ed Oliver Jersey , Calif. (AP) 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,” 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 bac 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.”— SAN FRANCISCO (AP) — As the NFL gears up for a yearlong celebration of its history for its 100th season, some of the stars who helped build the league into the behemoth it has become want to make sure the old-timers are no longer left behind.For the last quarter-century, the league has had a two-tiered system when it came to pensions, paying out significantly bigger amounts to more recent retirees than the players who retired before 1993 and made considerably less money in the pre-free agency days.If that discrepancy is going to be eliminated, those old-timers know time is running short.“It’s something that’s been talked about for the last 20 years,” Hall of Fame running back Franco Harris said. “It’s just been talk. And no one’s walked the walk yet. We have to make sure that this is just not talk this time. So when people say certain things and then they say certain things up to the time, and then it doesn’t happen, it passes by and people tend to take it off the radar. But we can’t take it off our radar now. So it’s important that people know that. We’ll focus on this. We’re not going to let it go.”Harris is one of several high-profile former players who are part of a nonprofit group called Fairness for Athletes in Retirement that is fighting to get players who retired before 1993 the same level of pensions as more recent players after years of fruitless attempts at parity.The group was encouraged by comments made by NFLPA executive director DeMaurice Smith at his annual pre-Super Bowl news conference, saying improved pensions would be a priority in upcoming labor negotiations.“We have always reached back and improved pensions,” Smith said. “I think it’s smart that former players understand that we can accomplish more in improving benefits. This is a union that is never going to select a certain group of players over another group of players.”But they are waiting to see results when the union and ance, a 401(k), and an annuity. But the old-timers aren’t seeking any of those benefits, focusing solely on getting their pensions on equal footing with the modern players.“Everything is off the table except the pensions,” Hall of Fame guard Tom Mack said. “There are so many other things that the younger guys have, but we’re just saying we need the pensions so guys can make the decisions they can for themselves.”There are approximately 3,800 players who retired before 1993 currently receiving pensions and FAIR estimates it would cost each team between $5 and $6 million a year, as well as a similar amount from the players through a reduced salary cap of less than 3 percent to achieve equity with current players.With an average of more than 100 of the old-time players dying each year, only a fraction of those players will still be remaining if the sides do another 10-year deal without reaching pension parity.“Most of us will be dead by then,” 67-year-old Hall of Fame tight end Dave Casper said of the possibility of another decade-long deal without addressing the issue. “It’s going to go away. This little bunch of us will be gone. I personally don’t want anyone playing today to th $225,000 a year at age 50.The pre-1993 retirees have tried different approaches over the years to improve their pensions, including highlighting the most dire cases through the wives of struggling retirees.Now it’s a group of Hall of Famers trying to raise awareness so the public, and perhaps more importantly the current players, are aware of the plight and will prioritize pension parity in labor negotiations.“A lot of us here in this room will be probably still OK if we don’t get the pension,” Casper said. “But there’s a lot of guys out there that can’t even afford to come here. They can’t get on a plane and advocate so we’re advocating for them.”
 
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