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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…

By Mark Timmons5 min readJump to 79 comments

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 Freelance Writer

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!

Discussion (79)

Disagree, not disagreeable

Be civil — moderation is real. Links may need a moment of review.

  1. Saxfan3January 24, 2022

    Will the players will accept Bauer back? If they’re overwhelming against it, I think Friedman will respect their feelings and they’ll keep Bauer benched at home (paid) and will look for a trade suitor. If the charges drop, I’m sure someone will want him provided the Dodgers pay a big chunk of the remaining money. Bauer will have to convince the clubhouse he’s as guiltless as he’s hinting. Admitting the physical stuff happened, but it was consensual probably won’t get a pass based on the personalities of the team. Wonder what kind of ground work he’s doing with the players trying to re-establish trust, if anything? I’m sure his attorney is advising him to stay holed up.

  2. sbuffaloJanuary 24, 2022

    There is no actual news on Trevor Bauer. Just speculation. Lots and lots of speculation.

    Will Bauer be charged? Just a guess, no he won’t. The DA, who is facing recall, has bigger problems. The case is unlikely to produce a conviction.

    What he did was sell out his teammates by doing something incredibly dumb. He had to know that it could go bad and embarrass the Dodgers who are paying him a lot of money to be focused on helping them win a championship, not create a circus. I don’t know what he actually did, very true.

    But I think his judgement was beyond bad. He let down his teammates, the organization and the fans. Have no desire to see him playing for the Dodgers again.

    Guilty or not, he was given a golden opportunity. He blew it. Time to move on.

  3. dodgerrickJanuary 24, 2022

    Many here post about the “presumption of innocence” and the standard for being charged with a crime without apparently knowing what they mean.

    1 – The presumption only applies in criminal cases. It will not apply to MLB’s investigation or any punishment that results therefrom. Mostly, they use a preponderance of the evidence standard – 50% + 1.

    2 – Crimes aren’t just against victims. They are against society. That’s why criminal cases are called The People v. Bauer (or whomever). Even if the woman isn’t honest or acted out of suspect motives, consent may not matter. You can’t consent to murder, etc.

    3 – It’s the same thing with MLB. IT has to decide whether its standards have been violated, or whether the terms of his contract with the Dodgers (which will include a “morals clause”) or the MLB CBA. This has nothing to do with innocence or guilt of a criminal offense.

    4 – MLB’s decision will be based in part of the jury of public opinion. Bauer already looks bad. He hasn’t been able to address every allegation yet due to the fact that the DA hasn’t decided whether to charge him, but some of the stuff that he has admitted looks bad. “Bauer denies anything nonconsensual occurred between them, which his representatives expect him reiterate at a July 23 hearing. In a statement, Bauer’s reps said, in part, “Mr. Bauer had a brief and wholly consensual sexual relationship initiated by [the woman] beginning in April 2021. We have messages that show [the woman] repeatedly asking for ‘rough’ sexual encounters involving requests to be ‘choked out’ and slapped in the face. ” (Los Angeles Magazine, 7/1/21.) So this is what he has admitted to – not just rumor and innuendo. The question here is how much brutal punishment that the other party may consent to.

    5 – There is the jury of the clubhouse as well. We don’t know what other players will put up with, but we know that one of the 1st things that Friedman did after he got to LA was to weed out the malcontents and bad actors.

    6 – Then there is the jury of team owners. Will the owners of the Dodgers want their “brand” represented by someone who has admitted to doing, at the very least, what Bauer has admitted?

  4. OldBear48January 24, 2022

    Hall of Fame announcement tomorrow. Players presenting their counter-proposal today. Trey Hillman has joined the Angels.

  5. BobbyJanuary 24, 2022

    If a woman asked me to lightly spank her butt, sure, I’d do it.

    If a woman asked me to punch her vagina? Regardless of how many times she asked? I won’t do it because I’m not a complete and total idiot. I don’t find that sexy, sexual, or even remotely feasible in my mind.

    If Bauer did in fact willfully and intentionally punch a woman’s vagina, it shows me he’s an utter piece of trash human being. I don’t care if he had consent. Morals, common sense, and the lack of stupidity on my part would prevent me from saying “uhhhh ok, if you want me to punch you in the vagina, I guess I have consent so I’ll do it”

    Even if she set him up. Even if the Padres helped set him up. Even if she was awake and said “keep punching my vagina”. My gut would tell me to get the hell out of that situation. Perhaps I have more respect for women than he does.

    I don’t go around punching women in the vagina, and I don’t go around grabbing women by the p###y. Some men are trash, but thankfully most aren’t.

    Bauer may have a very good legal case that he was set up, that rough sex was consensual, and/or it was the norm for him and this woman. But moral case? He’s trash. I’m guessing JT, Kersh, Kenley, and others found that to be beyond idiotic and hence dind’t want him back. I’m also quite sure that although Friedman knows he took a risk signing Bauer, he never in his wildest dreams imagined this.

  6. OldBear48January 24, 2022

    How about this, since 2010, the Dodgers have won more games than any other team in the majors, 1068. That is 22 wins more than the Yankees. Over that time the Giants are 111 games behind them. The Padres are under .500 at 855-987. 213 games back. Colorado is 216 games back. The Marlins and the Orioles are the only two teams with 1000 or more losses over that period.

  7. Jayne CobbJanuary 24, 2022

    Reading some of the commentary leading up to the HOF announcement I can’t help but see parallels with TB. There seems to be a great deal of inconstancy with regard to how baseball, as a sport, handles players with perceived behavior issues.

    The roids issues has been beat like a dead horse, so I won’t ‘go over that again. Even though voters seemed inclined to give Big Pappy a free pass on that all together.

    I find the case for Curt Shilling interesting in this context. Several lesser players (in my opinion) have been inducted since he was eligible. His career stats certainly are compelling. His post season stats are even more compelling. But the issues is his personal opinions and social media behavior. And he certainly hasn’t helped himself in that regards. He also has had some spectacular business failures that haven’t exactly helped his reputation (or his net worth). His arrest associated with a political PAC also hasn’t helped. But none of these things are baseball related. And none of these controversies existed during his playing career. They never hurt any of his teams. And none of those controversies rise to the level of gambling, steriods or spousal abuse. The primary issues that keep people out of the HOF.

    TB, on the other hand, did hurt his team with his off the field behavior. Now the situation is different as TB’s issues are taking place during his playing career and have nothing to do with the HOF. But TB’s behavior hurt his team. Both financially and in terms not having him available in the rotation. In my mind, when bad (not necessarily illegal) behavior has a negative effect on a player’s team it rises to a different level.

    I just find the inconsistent application of the sports “ethics” to be concerning. Shilling is largely Persona Non Grata for political opinions he expressed after he retired. None of that ever hurt his team. He was a key part of several WS championship teams. In my mind, that should be a significant factor. Did a player’s perceived moral infractions effect baseball? Did bad decisions (or poor judgment on social media) effect the team that was paying the players salary? In Shillings case, it did not. Yet he’s paying a heavy price.

    Anyway, I just thought I would throw that out there.

    Interesting time we live in.

  8. norcaldodgerfanJanuary 24, 2022

    The MLPBA has allegedly made some concessions on the FA discussion but both Drelich and Passan described the meetings between MLB and MPBPA as “contentious and heated.”

    They’re scheduled to meet again tomorrow. Just spitballing here, but I think they got about a 10-14 day window to come to an agreement or ST is sure to get impacted with games canceled and perhaps a delay to the start of the regular season. Just a guess

  9. OldBear48January 25, 2022

    MLB expressed a willingness to cancel some games. That was on MLBTR this morning. Nothing like cutting your own throat.

  10. BumsrapJanuary 25, 2022

    Revenue Sharing issues for me are the most interesting aspect of these negotiations. The owners don’t agree on how to go forward and the players and the big market team owners are on the same page. It is the small market owners that are alone but winning the negotiations.

    Losing teams that have large payrolls are basically using bankruptcy to reboot. They sell off higher paid tallent, save revenue sharing handouts, race to the bottom of the standings so they can be first in line to draft prospects.

    I hope that at least the first 5 draft picks are chosen by lottery with all teams allowed into the lottery.

  11. QuasimodoJanuary 25, 2022

    The P-51 Mustang isn’t the best looking airplane but it’s the greatest fighter ever built It’s beauty is in the facts not in it’s appearance. We don’t have the facts on TB as of yet and MLB has already taken quite a slice of what shelf life a pitcher has. Sports careers are not long usually and to take one at their prime should be more than being accused. I hope TB sues MLB and we get a change in it’s management.

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