Trevor Bauer cannot access cellphone records of accuser, judge rules

Dodgers pitcher Trevor Bauer can not entry the cellphone data of the lady who accused him of sexual assault, a choose dominated Monday.

The choice may speed up the method for Main League Baseball to find out whether or not Bauer ought to be suspended for violating its sexual assault coverage, 10 months after the accusation. The league has saved Bauer on paid go away since then, with the consent of the gamers’ union, as authorized issues have performed out and Bauer has maintained he did nothing incorrect.

The girl’s request for a restraining order was denied, and the Los Angeles County district legal professional subsequently declined to cost Bauer with a criminal offense. In court docket filings, Bauer’s attorneys mentioned they believed the cellphone data may present how the lady applied “a plan to hunt tough intercourse so she may later search to revenue.”

The girl’s legal professional mentioned that Bauer was partaking in a “witch hunt” and “harassing and abusive conduct” by pursuing the data months after the restraining order case had been determined, and that his attorneys had served a subpoena on Pasadena police for the data with out court docket permission. The Pasadena Police Division obtained the cellphone throughout its investigation.

Bauer’s attorneys alleged the data may assist their suspicion that the lady’s attorneys may have been “misusing a continuing designed to guard actual victims of home violence to realize publicity” and Bauer thus ought to be reimbursed for his authorized charges. The girl’s attorneys had requested the court docket to order Bauer to pay her authorized charges in coping with that they known as an “unauthorized subpoena.”

Bauer is anticipated to satisfy with MLB investigators and share his model of occasions, and he may have cited info from the data to assist his competition that he shouldn’t be suspended. Below the league’s sexual assault and home violence coverage, a participant could be suspended even when he’s not charged with a criminal offense.

For example, the choose within the restraining order listening to dominated that “the one proof of something which occurred whereas (the lady) was unconscious was having been hit on the butt,” regardless of her allegations of different accidents sustained whereas unconscious.

Though the district legal professional mentioned he couldn’t show any costs past an affordable doubt, Commissioner Rob Manfred wouldn’t want to satisfy that customary and would consider Bauer’s conduct towards a league coverage that defines a nonconsensual sexual act partly as “when an individual makes use of power … or when the sufferer is … unconscious or legally incapable of consent.”

After the district legal professional declined to file costs, Bauer mentioned he had engaged in tough however consensual intercourse.

“I by no means assaulted her in any manner at any time,” Bauer mentioned.

Manfred additionally has the authority to let the Dodgers decide any self-discipline for Bauer.

Bauer is on go away by way of April 16, though that date could be prolonged. It’s unknown what info the league may need obtained from its conferences with an Ohio lady who made comparable allegations towards Bauer, as reported by the Washington Publish, and agreed to cooperate with MLB investigators.

Bauer is within the second 12 months of a three-year, $102-million contract with the Dodgers. Though he didn’t pitch within the second half of final season and won’t open this season on the roster, he has not misplaced any of his wage as a result of gamers are paid whereas on administrative go away. Gamers should not paid throughout a suspension.