San Francisco took a calculated risk when it traded back into the first round of the 2017 NFL Draft to select former Alabama linebacker Reuben Foster with the next-to-last pick of the round. While uber-talented, Foster entered the NFL with serious red flags. While Foster lived up to his billing on the field, the concerns regarding his off-the-field behavior have already caught up to him less than a year later.

Foster has been accused of domestic violence by a former girlfriend and recently pleaded not guilty to the charges against him. His accuser has since recanted her story but the Santa Clara prosecutor is moving forward despite that fact.

During a recent appearance on Birmingham-based radio station WJOX 94.5 FM radio program The Roundtable, ESPN NFL insider Chris Mortensen was asked to give his take on Foster’s situation with the 49ers. During his segment, Mortensen was asked if Foster would play in the NFL in the 2018.

“That’s an easy question, that’s an easy question to answer,” Mortensen joked on the air. “When a team doesn’t even allow you in their offseason program because of the allegations, which is what the 49ers are doing, it tells you that he’s not getting the benefit of the doubt right now. He’s asked for a speedy trial, that has a chance to happen. He’ll have a preliminary hearing in a couple of weeks/a week. You know, he’s asked for a speedy trial so that should happen in July — so no.

“We know the alleged victim has recanted her story. She has supposedly provided video evidence that her attorney, a video showing her fighting with another female which caused her injuries but the prosecutors’ office believes they have a lot of evidence. And I can tell you this — the league, as we’ve seen, have been so aggressive in these cases, he doesn’t even have to be convicted to face the scrutiny of the personal conduct policy.

“And, I’ll say this, for all the teams in this league, the 49ers are probably the last team you want to be on and have this kind of allegation against you. So if there’s any evidence that looks credible, the 49ers may just cut the tie even though they certainly hope this incident truly never happened.”

Mortensen makes a good point there, even if Foster isn’t convicted, he could face punishment from the NFL and be suspended for some portion, if not all, of the upcoming season. If Foster is convicted, he faces up to 11 years in prison.

Foster is also dealing with another legal matter in Alabama, as the former Crimson Tide player has been charged with misdemeanor marijuana possession prior to this incident.