In the context of a legal proceeding, the term “evidentiary foundations” refers to the requirements that must be met in order for a piece of evidence to be considered admissible in court. These requirements ensure that the evidence is reliable and relevant to the case at hand.
There are several types of evidentiary foundations that must be established, depending on the type of evidence being presented. For example, if a witness is testifying, the evidentiary foundation might include establishing their credibility as a witness, their qualifications to testify about certain matters, and the personal knowledge they have of the events in question. If a document (or electronic media) is being introduced as evidence, the evidentiary foundation might include establishing that the document is authentic, that it was properly preserved, and that it accurately reflects the events or information it purports to describe.
Establishing the evidentiary foundation for a piece of evidence can involve the testimony of witnesses, the presentation of documents or other physical evidence, and the application of relevant legal rules and standards. The purpose of these evidentiary foundations is to ensure that the evidence being presented is trustworthy and relevant and that it will help the fact-finder (e.g., a judge or jury) to reach a fair and accurate decision in the case so as to provide the accused person with Due Process of Law as Guaranteed by the U.S. Constitution.
You should understand that no such foundations and Due Process applied in the Trevor Bauer case. It was not a legal tribunal – just a procedure that the MLBPA agreed to. The hearing was conducted in secrecy, and the result was appealed to an arbitrator who was bound by none of the above evidentiary foundations and Due Process of Law.
After considering the legal evidence against Bauer, a District Attorney concluded that there was not sufficient evidence to prosecute Trevor Bauer for anything… including “simple assault.” However, people such as Ken Rosenthal and our own Bluto continue to insist that Bauer has “admitted to the charges and hitting the woman.” If Bauer had done that, then he committed the crime of “assault,” and the DA would have most certainly brought charges! This falls into the category of You can’t have it both ways, and stop saying stupid shit. This is “wordsmithing to the woke mob.” They like to skillfully use words to make us believe that when Ms. Hill (the alleged victim aka/perp) left Trevor Bauers’ house without a mark on her face, but later she went to a hospital where she looked like someone beat the shit out of her.
This does not add up, except in a Kangaroo Court where there are no rules, no evidentiary foundations, and no Due Process of Law required. A woke mob can convict anyone… of anything! And… they can get away with it. It has happened many times throughout history! It just happened again!
UNDERSTAND THIS: If Trevor Bauer did this to this woman, I think he should be in prison and rot in hell. It is never OK to hit a woman like this. That is my position and always has been.
I also think it is wrong to slap a woman and choke out a woman during sex, but a very specific segment of our population is very much into that! I don’t get it, but there are other sexual practices I don’t get that many people prefer, including some of the Dodger Owners. It’s not my business! I do not care! THERE IS NO EVIDENCE TO CONVICT TREVOR BAUER… Except in a Kangaroo Court!
Trevor Bauer Had to Go!
That said, I understand that the way the Kangaroo Court that is MLB conducted the Bauer Investigation created so much controversy that it would have been a Huge Distraction for the team. I am sure that Andrew Friedman tried to trade Bauer, but there is no way he could do that. Who would take him? MLB has made him a pariah. Curt Schilling is probably right – Bauer will never play in MLB again! I do think there will be protracted legal proceedings on this.
If Andrew Friedman can trade Trevor Bauer, he is the next Harry Houdini! I mean, he could trade Bauer & Taylor, along with Miller, Vargas, and Cartaya, for a couple of low prospects, but that would gut the team. Then the team they traded Bauer to would cut him. Bauer is untradable in any logical situation. If the Dodgers want to get under the Luxury Tax Threshold, they may have to trade Max Muncy or Chris Taylor. With CT3, they may have to pay half his salary, but that will get the job done. However, I do think CT3 is a good bounce-back candidate!
Trade Chris Taylor and sign Andrew McCutchen. There is the solution. Play the kids and if things are not going well, make some trades at the All-Star Break. Bauer is not in the rotation, but it is good, and it is deep:
- Urias
- Gonsolin
- Kershaw
- Syndergaard
- May
- Pepiot
- Stone
- Miller
The Bullpen is fine… It leans toward being even great!
- Almonte
- Bickford
- Bruihl
- Ferguson
- V-Gon
- Bazooka
- Grove
- Hudson
- Jackson
- Miller
- Phillips
- Vesia
The pitching is fine!
There is a lot to be figured out for the rest of the team, but the pieces are there.
This season is not about gloom and doom. The Dodgers will do quite well… maybe even win the NL West… again! I think they have as good a shot of winning it as the Padres!
There are about 7 players competing for two positions in the outfield. There are several positions in the infield up for grabs. With the WBC, there are going to be lots of opportunities for youngsters and other roster invitees. Now is not a time to make a dope-fiend move. Bauer will likely pass through waivers, and Curt Schilling may be right – he may not play in MLB again. Let the legal proceedings begin.
For now, the Dodgers will try and stay under the Luxury Tax Threshold, but by the All-Star Break, they will know if they have severe weakness, and Adames and Reynolds could be on the radar – I have been saying that for months. I think AF would try and extend both players before making a trade, but the rumors are that the Pirates have offered Reynolds $70 Million. I think he would sign a six-year $120 Million Dollar deal with the Dodgers, which would be a real good deal for a switch-hitting Left Fielder with 30+ HR Potential.
There will be a lot of internal competition. No matter what anyone says, I do not think the Dodger Brass is confident with Gavin Lux at SS. Maybe he plays there, but I could also see Jake Amaya winning the job. A .230 hitting SS who is a Fielding Wizard is not unheard of in Dodger Lore. Busch & Outman are up for evaluation and may be given the runway. We know that Miguel Vargas is definitely in the mix, and he is working hard on his footwork and defense in LA this winter. There is a lot to be decided, but i am still very optimistic, and so is Las Vegas!
Dodger News & Notes
- The Dodgers signed Scott Taylor to a minor league deal. Another scrap heap pickup. Who knows?
- If Jake Reed is smart, he will opt to go to OKC and work with the Dodgers staff. AF likes something he sees there, and it just might benefit his career.
- Is it me, or is Winter Baseball diminishing?
- Watch Dalton Rushing this year!
- Several years ago, I told you about a movie called “Winter Ball” for which my oldest son was the Steady Cam Operator. Well, it is ready for release. Here is the Trailer for it:
Discussion (23)
Disagree, not disagreeable
That apology from me the other day was to the rest of the people here besides Bulldogs.
Bulldogs
Bear said to me people left this website because of personal attacks. They left because of you Bulldogs and your personal attacks. Nobody here does anywhere near the amount of personal attacks that you do and you got banned for those personal attacks too. And you showed again the kind of person you are with yet again another personal attack on me in your last post to me. It’s amazing how anybody could like you.
There was no name calling/personal attacks in this post. Just truth telling and an opinion in the last sentence.
Bear, you seem to have missed my point, but you in fact made it with your rebuttal.
Uggh is it about winning a world series or have grudges against a player that beat you in a world series. With Correa. Let’s see didn’t Mookie Betts play for a team that beat the Dodgers in a world series and then once a Dodger the fans welcomed him as a Dodger. Or wasn’t there former Giants that became Dodgers and then fans likes them like Kent, Butler, and several pitchers. I think the dodger fans would like Correa and his bat in this lineup. They sure liked when Machado was a Dodger. Guess it’s okay play the rookies. And then see if we can get into the playoffs. It would be for Correa a two year deal. And you think he would want to be in Minnesota or Los Angeles for two years.
I don’t think it’s stupidity, more like self-righteousness.
Apparently there are many here without sin by the looks of all the people holding stones,
On opening day I would love to see the secret lives of all the judges, jurors and executioners shown on the Dodger vision screen.
This would be in an effort to inform Dodger fans of what is acceptable behavior.
BTW, I have changed my mindset:
It is now, “I do not have time for your stupidity!”
Please observe the rules.
Liam Hendricks will begin treatment for non-Hodgkin’s Lymphoma. He is expected to not be ready for spring training.
One Final Thing:
I invite intelligent and logical dissent.
But use your real name or STFU!
It’s easy to talk behind a fake name on a keyboard.
Use your real name or STFU!
Came back to see if Mark was done having his hissy fit over Bauer? Apparently not.
Bauer is (or was) a very good pitcher and apparently a very bad human so EFF him and I’m glad the Dodgers 86’d him. I wish they could have gotten something for him rather than eat the entire chunk of salary but apparently no one else – at least for now – is willing to take a chance on this misogynist.
Stand by for the cheating Astros to pick him up thereby confirming yet again they have no character as a team whatsoever.
The sooner he never gets mentioned again the better off the Dodgers will be.
Dodgers sign Correa to play short for two years that way you have a legit shortstop and a player that wants to prove he is healthy. Move Lux to second base. You then have Muncy and Vargas at theirs base. You can even put Vargas in Leftfield sometimes if he proves he can hit in the majors. Makes Dodgers lineup better with Correa in it. And a world series contender with him. And it would make the Giants mad the Mets mad and the Padres go oh know they got Correa the Dodgers did. That’s what AF needs to do.
Unless they unload a contract or two, I see no way they can stay under the tax threshold. They will go over before spring training. They have holes, probably an outfielder with a bat.
That is, if anyone still believes the goal is to stay under the cap. Maybe a few words were said and a lot of assumptions were made.
Most MLB media types believe the Dodgers are trying to reset the tax so the team can pursue Shohei Ohtani or Juan Soto. Maybe they have interest or maybe not. No, change that. They definitely have interest whether they reset or not. That doesn’t mean they’ll spend $400 to $500 to get a deal done.
If you look at the current situation, the Dodgers look to be pretty strong in both starting pitching and bullpen. They still have some hitters. They have enough to win the division.
As to Trevor Bauer, I imagine there will be more written throughout 2023. Not just here.
As to how the Dodgers move forward, fascinating stuff. No idea how you do that at this point. Should be a fun ride.
Gee, some folks here really don’t like it when their preconceived opinions are challenged by the evidence….
I speak here of course about whether Dave Roberts would employ two righthanded batters in a platoon.
Those who doubt this may be unaware of the ample evidence that Trayce Thompson has reverse splits. He crushed righthanded pitchers in 2022 en route to posting an overall OPS of about .900. Let’s remember how he arrived as a journeyman and then outperformed fellow outfielders Belli, Gallo and Taylor. (All of these stats are easy to look up on mlb.com.)
Now, Trayce is certainly a candidate to revert to a middling journeyman status. Given his age and history, I think of him as a 4th outfielder while Outman gets that runway to prove himself.
But to optimize Trayce’s value, pairing him with a batter who beats up on southpaws makes a lot of sense. McCutcheon would be a good candidate–much better than the incumbent Taylor. So would, for that matter, a lefty swinger with reverse splits.
Based on recent 2022 stats, and longer for McCutcheon, a Trayce/McCutcheon platoon could produce a .900 OPS from LF with solid defense as well. (I think we’d be happy with an .800 OPS, which is slightly less than what Trea Turner and Will Smith produced in 2022.)
So yeah, I think AF and Roberts would be foolish not to consider it.
I am unaware if or if not the commissioners title is still a lifetime position that only he decides when to step down or even how he got the job in the first place. But obviously Manfred’s power needs to be put in check as fairness isn’t what the man is made of. I can see how this affair could make it to a court of law that challenges that kind of power. Bauer, at the time was the reigning champion pitcher of a league that required years of training practice to then had his career cut at the highest point costing him millions $. Perhaps it was his doings but not completely his alone. many workplace situations made way to a court of law and there are many paths that may be taken that could get this case to a court of law. It seems that any reason an employee feels disgruntled that courts can decide the validity of cases. But my intention was asking if anyone knows if there is any way to oust the pope powerful Manfred?
Marlins listening on 4 of their 5 starters and the Dodgers should be interested in one of them: Jesus Luzardo.
https://www.mlbtraderumors.com/2023/01/marlins-letting-teams-know-four-of-their-starters-are-available.html
Such a stupid hill to die on. Who gives a shit if he was tried, arraigned or found innocent of assault. The arbitrator who heard the case came to the conclusion he punched a woman. In the limited amount of leaked testimony, he basically admitted it.
You can always create a modicum of doubt. The tobacco industry did it (there’s a great documentary on this), there are those who still think Climate Change is fake. That the vaccine is deadly. Doubt can be manufactured. Be better. Move on, Mark. It’s over. The market has spoken.
If you live in a country where Euthanasia is illegal, and you work to kill someone with a terminal illness. You may not be arrested on first degree manslaughter, but if you are a high profile pitcher on a major market team YOU will face consequences.
If you live in a country where heroin is illegal, and you help administer it to someone. You may not be arrested on drug trafficking charges, but if you are a high profile pitcher on a major market team YOU will face consequences.
If you live in a country where pornography is frowned upon, and you are caught in a porno. You cannot be arrested (since it’s legal and only frowned on) you may not have done anything illegal, but if you are a high profile pitcher on a major market team YOU will face consequences.
If you live in a country where punching someone is considered assault, but punch someone in the privacy of your home or in a bar, you may not be arrested for assault, , but if you are a high profile pitcher on a major market team YOU will face consequences.
If you live in a country where a sizeable portion of the population believes kneeling during the national anthem is an outrage, you may not be arrested for disrupting the peace, , but if you are a high profile pitcher on a major market team YOU will face consequences.
I think that it is time to bring back Puig with a short, low cost contract.
Dead Horse Request.
Lets talk about Dodger baseball. There have toooooo many columns already stuffed with back and forth legal issues. Bauer is gone and lets talk about something else.
On a unrelated topic, If you follow tennis, 18 year old Coco Gauff won her first tournament in a while in a tune-up for Australian Open. I know off topic. But it is a feel good Sunday story.
Duke: Thank you for making this point crystal clear. Many of you keep talking about the politics of the situation or the baseball pros of having him on the team. Or the financial implications of this. To me there is one aspect that rises above all others—–CHARACTER. Maybe, just maybe in the final analysis our team chose character over all else and made the decision that Bauer’s character fell way outside the bounds of what they wanted this team to represent.
Unfortunately, that assessment could have (should have) been made prior to signing but that is old news. Bauer’s character has been tested through more than once incident over his career and it always comes up bad. I personally don’t care about whether he is guilty in a court of law. I do care that he is a BAD person and I for one am thankful that our team has drawn that line.
However, I am totally on board that this was mishandled by MLB and should have been resolved much sooner. But it is what it is and we move forward.
Again, again, again…
I say this three times because the MLB investigation involved THREE ACCUSERs, not just the most recent one, covering incidents that date to Bauer’s minor league days. Many times the discussion here and elsewhere has focused on the most recent case, as if there was no prior history. (If you want to learn more, search for the Washington Post’s coverage.) Contrary to what many people think, this isn’t just an unsavory, contentious matter she said/he said. There are two other shes here who similarly testified, and provided evidence, regarding how Bauer abused them–how he pushed the “rough sex” beyond the boundaries they felt had been set. The suspension reflected the pattern of behavior that violate league policy. The term “serial” comes to mind.
It’s interesting that Bauer gets portrayed as the victim of “the woke mob,” as if only the “woke” object to abusively violent relationships.
But enough about Bauer….
Latest baseball news is that AJ Pollock reportedly has signed with the Mariners for $7 million. While I’ve argued for McCutcheon, Pollock also might have made a good platoon partner with Trayce Thompson.
As for trading Chris Taylor… hmm…. I’ve heard worse ideas. After last season, his value is down, so the Dodgers would probably have to cover a big chunk of salary.
I would NOT deal Max, because I think he could get back to his old slugging self.
Sometimes I wonder if AF wishes he had outbid the Angels for Hunter Renfro. Apparently he was talking to the Brewers about Adames, so I assume Renfro came up. Minassian just gave up three marginal pitchers to get his new starting right fielder, a proven power source with a fantastic arm. Among current Dodger outfielders, only Mookie is better. If the Dodgers had Renfro, perhaps Mookie would slide over to center and win a gold glove there.
I don’t think Minassian wouldn’t want to give up his new toy… but it would be interesting if AF tried to pry Renfro loose by offering Taylor (to play SS), Trayce (to replace Renfro) and some arms.
Good article Mark.
I disliked the Bauer signing from day one, and Friedman should be accountable for this mistake.
But I also think Bauer was been denied due process by MLB. He was originally fined $70 million and suspended 324 games in a unilateral ruling by Manfred. Bauer was then forced to litigate for 7 months with an arbitrator who lowered the fine to $37million and 194 games. This is an extremely large penalty for actions that did not even meet a probable cause standard in the DA office, or even a temporary restraining order standard in court. And now 30 teams are unwilling to employ Bauer who was the reigning Cy Young award winner in his last appearance. While the MLBPA is mysteriously quiet.
The Dodgers need to move on from this fiasco, but if they insist on staying below the luxury tax threshold it will be a challenge to compete with unlimited payrolls of Mets and Padres. But I look forward to watching some of the young players get a chance this year, and think Dodgers can still have a successful season.
Thanks for the article Mark. I read most of the comments from yesterday and then the Rosenthal article. I dislike Ken Rosenthal and most of what he writes about the Dodgers. Ever since he wrote his bullshit, not fact based article about Justin Turner’s apparent Covid infection discovered in the eighth inning of final game of the 2020 World Series I lost all respect for Rosenthal. Instead of writing about the Dodgers winning their first World Series in 32 years, his national lead story is about how careless JT was in the postgame celebration. Rosenthal had absolutely no facts to base his virtuous attitude and article on. That article too had no comments allowed. It’s typical juvenile behavior to lash out at someone and not let them respond in some way. Again, with Rosenthal’s latest controversial article no comments are allowed. And I did send my thoughts on the subject to the editor (Tim Kawasaki) who is San Francisco based and is as left leaning as they come. Of course, I got no response.
As for Trevor Bauer and his baseball life, it appears it may be at an end. It has become a complicated story that became even more complicated with what Bauer had said in the past about Boob Manfred and the leadership of MLB. Before the current issue I think Manfred had a hatred for Bauer. He couldn’t wait to condemn Bauer to the longest, most unjustified suspension in professional sports history. Did Bauer brandish and discharge a gun while in a domestic dispute? Did he attempt to choke to dead a girlfriend/wife in front of police? Was he part of team that admitted to cheating that cost a team a World Series? No, he was declared guilty as charged by a petty commissioner and an ill informed arbitrator. Not a DA or a court of law. Manfred let his hatred and disrespect for Bauer determine his punishment of him. Not the facts and reality. I, also, think Manfred has an issue with the Dodger organization as well. They have swung their seemingly unlimited financial muscle around since Guggenheim took ownership. I don’t think Manfred liked the way the team made the game a bit more uncompetitive. So, I believe Manfred saw this issue as an opportunity not only to get back at Bauer, but to stick it to the Dodgers for rewarding Bauer with a record breaking contract. Manfred dragged out his rulings and suspensions much longer than necessary when it came to dealing with his most disliked team and person.
It was the same with the WS cheating with the Astros. He handled it poorly and basically let the Astros claim a championship that wasn’t fairly earned. He didn’t care. His objective was to make it go away and forgotten. How did that work out? Much worse than it would have if he had suspended the players involved. The only reason not to was because the problem of illegal sign stealing may have involved many more teams and didn’t want any possibility of opening that can of worms. And because of his gutless leadership and technology this type of cheating will happen again. Why not? A slap on the wrist along with some booing is the only consequence for a World Series title, financial gain, and the future earnings potential. I’m loving the Carlos Correa mega contract problems he currently having. Karma’s a bitch CC.
To bottom line this Trevor Bauer is a complicated and troubled person. He creates outstanding social media content when he sticks to baseball (and pitching). But, when he uses it to bad mouth women, initiate relationships with women, and to continually ridicule MLB and its commissioner he allowed Manfred to add arrows to his quiver in the eventual destruction of the career of Trevor Bauer. I’m sure Boob Manfred is totally satisfied with his handling of this matter and is lurking to find another career or organization to screw with. He is the worst.
Carry on
Now does every one of us have to make a statement that we think it is wrong to hit a woman ? Apparently we do if we also think that a person should actually be found guilty of an accusation brought against him or her through a legal process where evidence and testimony is brought and scrutinized.
If we actually think a person deserves a fair trail before being condemned and we express that sentiment then apparently we need to agree that doing what they are accused of is wrong.
Ok I agree too, and I think condemning a man before proving him guilty is also wrong.
But as Bear has said, the circus has left town.
Sadly the real circus hasn’t.
Winter Ball trailer looks good.
Headline AP: BAUER BOUNCED – Dodgers Dump Pariah Pitcher -GMs shun trade offers
BETMGM has the Dodgers as the co-favorite with the Mets to win it all _+350. I agree with all you have said Mark. MLB felt it had all the evidence it needed, but the DA did not feel there was enough to even charge the man. All the Dodgers did was derail a huge PR hit. I am one of those who also believes violence against women is not something that should be tolerated. But this to me seemed an awful lot like the woman was using this to extort money from someone who just made a bundle. I have no clue what the truth is because I was not a witness. I just want the circus to leave town, and the game of baseball to be the primary focus and not the chaos this has caused.