The Truth About Trevor Bauer

The truth about Trevor Bauer is more of a reflection of the person who forms an opinion about Bauer than the truth about the accusations against Bauer himself. We may never know “the truth, the whole truth and nothing but the truth!” However, this is still America where a Presumption of Innocence and Due Process is still (barely) alive. Trevor Bauer is working out and throwing over 91 MPH from flat ground while promoting his “Spider Tack.” He is acting like he is ready to move back into the rotation. In case you have missed it, here is a video he did at the end of last year:

It does not look like the DA is inclined to charge him and he has been suspended by MLB pending the outcome of the investigation. Let’s assume that he is not charged… as it does not look like he will be. What then? Well, most people assume that Bauer will be suspended for at least part of the 2022 season by Rob Manfred. I do not! Maybe (maybe) Manfred will give Bauer a 30 to 60 days suspension, but if he is not charged, I believe it would be retroactive to when he was suspended. I believe that it is possible that Bauer could receive a suspension that was retroactive to the time he was suspended last year, but I do not think he would accept it.

In fact, I have a feeling that Bauer might not accept any suspension. He would have to file a grievance and then take MLB to court in the event he lost… and he might not lose! I do not believe that Trevor Bauer should ever pitch in MLB again IF he did what he is accused of… but we don’t know if any, part, or all of it is true. Some will argue that he has admitted to rough sex with the accuser. What he has admitted is that she wanted rough sex. This has yet to play out, but I have absolutely no opinion about this. I am waiting on Due Process. Just don’t jump to conclusions.

Christian Red, an award-winning sports investigative reporter who spent 16 years at the New York Daily News, and who has written for ESPN, USA Today, NBC, the Athletic, New York Post, New York Times, and Washington Post, wrote an article today about this very issue. In Forbes.com, Red wrote a piece entitled: “In Background Of Baseball Labor Dispute, Trevor Bauer Still Has Two Matters That Are Unresolved” Here are a few takeaways from the article:

[Judge]Gould-Saltman, however, said in her ruling that the San Diego woman’s “initial declaration… was materially misleading.” And Fetterolf, Bauer’s attorney and agent, had previously said in a June 29, 2021 statement that Bauer had a “brief and wholly consensual sexual relationship initiated by” the San Diego woman.

Many righteous and/or woke people in MLB have “matter-of-factly” stated that Bauer is likely to get a long suspension. I think they are jumping to conclusions on the basis of facts, not in evidence. Red noted the following:

Judge Gould-Saltman’s ruling, however, could potentially impact the criminal case and the prosecutors’ decision-making process, according to legal experts.

“A prosecutor’s confidence in their ability to win a case is certainly going to impact their analysis of whether they’re going to ultimately move forward with criminal charges,” said Dan Lust, a sports attorney and New York Law School professor. “No prosecutor wants to lose a case. A certain part of that analysis is going to be how strong the witnesses are – in terms of their ability to stand up on cross-examination, and if people find them to be truthful. 

The Judge (Gould-Saltman) in the (Bauer) civil matter went out of her way to characterize (the accuser’s) testimony as untruthful,” added Lust. “I certainly think that is going to be a factor, that the D.A.’s office might say, ‘Maybe we shouldn’t take this case.’ It’s not the be all/end all, but I think that has to factor in (to the D.A.’s decision).”

The Forbes writer is not the only person who feels this way.

Los Angeles criminal defense attorney Mark Geragos agreed that Gould-Saltman’s ruling was a favorable development for Bauer beyond the restraining order matter.“It’s awfully difficult to bring a criminal case when a Superior Court judge has already ruled on the lower civil standard that there isn’t enough to issue a permanent protective order,” said Geragos.

Absent some type of recording or surveillance, there are only two people who know what really happened – Bauer and his accuser. Red goes on to write:

After that, every witness is one level removed. If you speak to the attendant that treated her at the hospital, for example, that person is only getting details second-hand. Any friends that she spoke with are only getting it second-hand. The fact that the judge went out of her way to criticize (the accuser’s) veracity and credibility, that’s big.”

I am going to end this discussion with the same thing Christian Red ended his article with:

“What (Bauer) did was wrong and uncalled for,” wrote a Twitter user with the account @MattAdamBenigno. “I agree with that, 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 actually happened. One of them hasn’t spoken about it yet. The other is a proven habitual liar that was deemed by a judge to have misled the court. Maybe think twice before deciding what was “wrong” and “uncalled for”.”

Maybe, just maybe, Stan Kasten and Andrew Friedman know Bauer’s side of the story… Think about that one, if you will! You don’t have to like Trevor Bauer… I’m not a fan. But you do have to give him Due Process and so does MLB.

P.S. It was a little over a month ago that I discussed the Dodgers GM vacancy: https://ladodgertalk.com/2021/12/12/why-the-dodgers-dont-have-a-gm/

Question?

What MLB pitcher has won the most MLB games without ever winning the Cy Young Award? This is a hard one!