OT: The Trevor Bauer Case

[Exhibitman]

Originally Posted by Snapolit1

I don't think it was fair to say these charges were tried or tested in court. If there was a trial or hearing of some kind I missed it. I though there was just a decision not to proceed.

There was a four-day hearing on the civil restraining order the accuser requested, including extensive live testimony from the accuser. Bauer's legal team used the hearing as a way to attack the potential criminal charges. According to the Los Angeles Times, the DA decided not to prosecute based in part on the transcripts of the hearing. That is because the defense counsel basically gutted the accuser on the stand. The threshold for granting a restraining order is far lower than beyond a reasonable doubt, and she was not even able to meet that burden. Again, the system worked. We Californians don't allow an accuser a walk-over just because it is a woman alleging harassment or assault. They have to go into the legal system and they will be challenged vigorously unless the accused decides it is better to settle or plead than to fight.

Bob, Bauer isn't going to sue MLB or the Dodgers. The CBA provides the administrative mechanisms for dispute resolution (arbitration). Besides, he has no damages from the team. He has been on MLB paid administrative leave. A team has to pay a player, not play a player. As long as the Dodgers pay the contract he has no remedy against them other than to quit.