Foster is now awaiting a verdict for three felonies charged from the Santa Clara District Attorney's Office last month: domestic violence with an allegation that he inflicted great bodily injury, forcefully attempting to prevent a victim from reporting a crime, and possession of an assault weapon.
Prosecutor Jim Dermertzis has said the district attorney's office will continue to prosecute the case against Foster even if Ennis does not cooperate with the investigation.
Ennis' testimony - paired with the video Ennis' attorney claims shows Ennis getting into a fight with another woman and suffering a ruptured ear drum - could ultimately be the tipping point for the defense.
"They may seek to impeach what she said on the stand, saying the story she told initially is the more believable of the two stories", Clark said. Foster has been charged with domestic violence with an allegation that he inflicted great bodily injury, forcefully attempting to prevent a victim from reporting a crime, and possession of an assault weapon.
The linebacker also dragged his girlfriend outside repeatedly, but she kept finding her way back inside, the report states. The identity of the driver, who was interviewed by police, and another guest staying at Foster's home, are potential witnesses. It was found in a bathroom floor loaded with a 30-round magazine and bullet in the chamber, according to the police report.
The Santa Clara DA is dropping Reuben Foster's misdemeanor gun charge.
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The Sacramento Bee's Matt Barrows reported Foster also allegedly threw the victim's dog across a room in the home the night before the alleged assault.
If she does testify, the district attorney's office could turn to other evidence - her calls to 911, medical records and other witness testimony - in its case against Foster.
If, at that time, it is determined that Foster's case will proceed, Foster would be arraigned again and then have to enter another, more formal plea.
The recanting also stated that Ennis "was extremely upset and told him if he broke up with her she would "trash his career" " and that she "apologizes to everyone that may have been harmed in this case, especially Mr. Foster".
She twice returned through an unlocked back door, the police report says, and both times Foster physically threw her out, she said.
Foster 's friend stayed with Ennis and him that February 11 night, and claimed he was unaware of any altercation or argument.
Foster is not participating in the 49ers' offseason program during his legal trouble. General manager John Lynch and coach Kyle Shanahan have said that if the domestic violence charges against Foster prove true, he will not be part of the team. "That's the standard we want on our team, that's the standard we are going to operate under".