The judge in Foster's case indicated Thursday that he will rule on whether or not there is enough evidence to proceed to trial May 23, Evan Sernoffsky of the San Francisco Chronicle reports.

Foster's former girlfriend recanted her story during the hearing Thursday, improving his chances of having the case dropped. If he's able to avoid charges, the second-year linebacker could have a solid opportunity to keep his spot atop the depth chart. However, general manager John Lunch did note that the team would release Foster if the charges were proven to be true.

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