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Hearing on Bauer restraining order delayed again

Written by 
Published in Baseball
Wednesday, 28 July 2021 15:40

The civil hearing for the temporary restraining order obtained against Los Angeles Dodgers pitcher Trevor Bauer has been moved to Aug. 16-19.

The hearing, expected to last between two and three days, was originally scheduled for Aug. 3, 4 and 19, but Bauer's side once again asked for a continuance, sources told ESPN.

Bauer's administrative leave has been extended three times and currently runs through Aug. 6, but Major League Baseball can continue to extend it with consent from the MLB Players Association. Doing so is mutually beneficial because it allows more time for investigations while players continue to be paid.

The initial hearing -- attended by Bauer and his accuser -- took place Friday at L.A. County Superior Court and was delayed an additional six business days after Bauer's attorneys requested more time to prepare a defense against witnesses and exhibits they claimed to have not received until the night before the hearing.

Further delaying the hearing would allow Bauer's team more time to prepare to cross-examine witnesses -- the woman's team previously stated it would call as many as six -- and perhaps give the ongoing criminal investigation a chance to conclude before then.

One of Bauer's lawyers, Shawn Holley, who defended Lindsay Lohan, told the judge during Friday's hearing that she has advised her client not to testify given the concurrent criminal investigation. But the petitioner's side stated that Bauer must take the stand, even if he invokes his Fifth Amendment right not to answer.

Bauer's legal team is expected to call three to four witnesses.

MLB and the City of Pasadena Police Department are conducting separate investigations into Bauer, who has been accused by a woman of choking her until she lost consciousness on multiple occasions, punching her in several areas of her body and leaving her with injuries that required hospitalization over the course of two sexual encounters this year, according to a domestic violence restraining order that was filed in L.A. County Superior Court on June 28, copies of which were obtained by ESPN.

The temporary restraining order was executed ex parte, which can be attained without input from the other party. Bauer's side has strongly denied the allegations of sexual assault, calling the interactions between him and the woman "wholly consensual" and saying in a prior statement that Bauer "vehemently denies her account of their two meetings."

Bauer hasn't been with the Dodgers since initially being placed on leave July 2. The Dodgers have canceled Bauer's bobblehead night, which was scheduled for Aug. 19, and have removed all of his merchandise from the team and online stores, saying they "did not feel it was appropriate" given the investigations.

MLB can unilaterally place players on seven-day administrative leave under its domestic violence policy, but must seek consent from the MLBPA to extend it thereafter.

Bauer, the 2020 National League Cy Young Award winner as a member of the Cincinnati Reds, joined the Dodgers with a record-setting three-year, $102 million contract in February that includes two opt-out clauses.

ESPN's Jeff Passan contributed to this report.

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