In the background of a baseball labor dispute, Trevor Bauer still has two unsolved cases

Former Cy Young winner Trevor Bauer, dressed in a dark suit and tie, stood solemnly next to his two attorneys outside a Los Angeles courthouse last August 19, as one of his defense attorneys, Shawn Holley, gave a statement on behalf of the pitcher.

“We are grateful to the Los Angeles Superior Court for rejecting the request for a permanent restraining order and for resolving the temporary restraining order against Mr. Bauer today,” Holley said at the time, flanked by Bauer and attorney Jon Fetterolf. “We have been expecting this result since the petition was filed in June. But we appreciate that the court is reviewing all relevant information and testimony to make this informed decision.”

Judge Dianna Gould-Saltman’s ruling, which Holley alluded to, came after the conclusion of a four-day hearing on a temporary restraining order against Bauer, a San Diego woman that was granted in June 2021. The woman had accused Bauer of sexual assault in a statement accompanying her original request for the temporary “ex parte” domestic violence restraining order (DVRO), and the allegations included that Bauer choked the woman to the point that she passed out during two separate sexual encounters in Bauer’s house in Pasadena and that he punched her in the face during sex.

She also claimed in her statement that she had been hospitalized for some of her injuries that she believed resulted from the encounters with Bauer.

However, Gould-Saltman said in her statement that “the San Diego woman’s initial statement … was materially misleading.” And Fetterolf, Bauer’s attorney and agent, had previously said in a statement dated June 29, 2021 that Bauer had initiated a “brief and completely consensual sexual relationship by” the San Diego woman. Bauer did not testify at the restraining order hearing.

But while that legal case ended in Bauer’s favor, the Los Angeles Dodgers pitcher five months later is still awaiting the outcome of two separate cases arising from the sexual assault charges against him: the District Attorney’s Office of LA County is still reviewing its criminal case. and Major League Baseball’s investigation into Bauer, launched last year, is ongoing.

“That’s right. (The Bauer case) is still under review,” a spokesperson for the LA District Attorney’s office said in an email this week. Multiple baseball sources have confirmed the league’s investigation into Bauer remains open. To date, Bauer has never been arrested or charged.

Baseball commissioner Rob Manfred has the authority to punish players the league believes have violated its joint domestic violence, sexual assault and child abuse policies — first implemented in 2015 — and suspensions can be handed out to a player even if he is never charged or convicted of a crime. According to several baseball insiders, Manfred will likely wait for the criminal case to be resolved before making a decision on Bauer, but numerous baseball sources also believe the pitcher will likely receive a lengthy suspension. (MLB players can appeal against any discipline).

As for the criminal case, the Los Angeles District Attorney received the case from the Pasadena Police Department on Aug. 27, 2021 “after extensive investigation,” according to part of a statement issued last year by a Pasadena Police Department spokeswoman. Bauer’s Pasadena PD investigation lasted more than three months.

However, Judge Gould-Saltman’s ruling could potentially affect the prosecution and prosecutors’ decision-making process, according to lawyers.

“A prosecutor’s confidence in their ability to win a case will certainly influence their analysis of whether they will ultimately proceed with criminal charges,” said Dan Lust, a sports attorney and professor at New York Law School. . “No Accuser. One particular part of that analysis will be how strong the witnesses are — in terms of their ability to stand up during cross-examination, and whether people feel they are truthful.

“The judge (Gould-Saltman) in the civil case (Bauer) went out of her way to characterize the[prosecutor’s]testimony as untrue,” Lust added. “I’m sure that’s going to be a factor, that the district attorney’s office might say, ‘Maybe we shouldn’t take this case.’ It’s not everything, but I think that has to play a role (for the decision of the DA).”

Los Angeles criminal defense attorney Mark Geragos agreed that Gould-Saltman’s ruling was a favorable development for Bauer outside of the restraining order issue.

“It is extremely difficult to file a criminal case when a Supreme Court judge has already ruled on the lower civil standard that there is not enough to issue a permanent protective order,” Geragos said.

There are other layers in the criminal case that also pose major challenges for prosecutors.

“In the absence of any kind of oversight, there are really only two people who can talk to the underlying events,” Lust said. “One is Trevor Bauer, who in a criminal case, I think, would plead the Fifth and not incriminate himself. The other is the female prosecutor. After that, each witness is removed one level. For example, if you speak to the attendant who treated her at the hospital, that person will only get details second hand. All the friends she spoke to only get it second hand. The fact that the judge went out of her way to criticize the truth and credibility of (the prosecutor) is great.”

Bauer, who signed a three-year $102 million free agent deal with the Dodgers for the 2021 season, last pitched in the majors on June 28. He was placed on paid administrative leave by MLB, a non-disciplinary designation, from July 2, 2021, and the administrative leave has been extended several times over the course of the past season. His salary for 2021 was about $38 million.

Bauer, 31, meanwhile, has stepped up his social media posts of late and has been in touch with several Twitter users earlier this week who referred to the allegations against him.

“What (Bauer) did was wrong and inappropriate,” wrote one Twitter user with the account @MattAdamBenigno. “I agree, but he’s still a person and a pitcher for the Dodgers.”

Bauer responded to the tweet: “Only two people in the world know what really happened. One of them hasn’t talked about it yet. The other is a proven common liar who was deemed by a judge to have misled the court. Maybe think twice before deciding what was “wrong” and “undesirable.”

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