Trevor Bauer, Los Angeles Dodgers pitcher, will not testify at Thursday's hearing to determine if a temporary domestic violence order against him will be made permanent.
On Wednesday, Bauer's attorneys stated that Bauer intended to invoke the Fifth Amendment right if taken to the stand. Judge in the case ruled that Bauer wasn't required to testify if it was "an exercise in futility," which is what the court believes it would be in these circumstances.
Thursday will be the fourth and last day of hearings on the restraining orders. This is after a 27-year old woman claimed that Bauer had allegedly made Bauer unconscious by strangling her with her hair, and then punched her in her face and genitals during a sexual encounter.
Bauer's lawyers had informed the judge that Bauer would testify, but that he would only state his name and that Major League Baseball is where he plays. His lawyers stated that they had instructed Bauer not to use his Fifth Amendment right if he was asked additional questions.
The Pasadena Police Department (Calif.), is currently conducting a criminal investigation into claims of domestic violence, sexual assault and other allegations stemming out of two sexual encounters between Bauer and the woman. These encounters took place on April 21 and May 16 respectively. The Fifth Amendment to the U.S. Constitution states that no one "shall be compelled to be a witness in any criminal case against themselves."
Bauer's lawyers claim that the encounters were "wholly congenital." This is partly because Bauer was text messaged by the woman saying "gimme all of the pain" and she indicated that she would like to be choked before returning to Bauer's house in May. The woman testified Wednesday that text messages did not signify consent. I didn't consent to being hurt all over my body, to being taken to the hospital, and to having things done to my unconscious body. This is not consensual.
ESPN won't name the woman because she claims she was a victim to sexual assault. She spent over nine hours pleading her case for what happened during their encounters and the events surrounding them.
Since July 2, Bauer has been on an administrative leave from MLB and the players' organization while investigators investigate the allegations. His five-year-old leave has been extended five more times and is due to end Friday. Bauer, who earned nearly $40 million this year in MLB, is the highest-paid MLB player. He also won the 2020 National League Cy Young Award as a pitcher for the Cincinnati Reds.
California could issue a permanent restraining order for up to five years.
This report used information from ESPN's Tisha Thomson and Alden Gonzalez.
