When the hearing reconvenes, it is expected to last two to three days, according to estimates in court by both sides’ attorneys, and include up to nine witnesses, six for the woman — including an expert witness and multiple police detectives — and three to be called by Bauer.
Bauer appeared in court wearing a mask and a maroon suit, staring straight ahead. He did not speak in the proceedings, and it’s unclear whether he will testify. His lawyers initially indicated that he planned to be a witness on his own behalf, but attorney Shawn Holley later said that they had advised him to refuse to answer questions because of an ongoing criminal investigation by the Pasadena Police Department. The judge indicated that he still could be called to the stand and would have to decline to incriminate himself following each individual question.
Bauer has been on paid leave for three weeks, a term that was most recently extended to Tuesday. An MLB spokesperson declined to comment on how the continuance will impact how much time Bauer will miss.
Court administrators appeared to be surprised by the proposed length of the hearing as the proceedings were shuffled between courtrooms multiple times. Before the hearing was continued, it appeared that the woman planned to make Bauer’s alleged Instagram messages to her a centerpiece of her case, as members of her legal team carried oversized reproductions of the messages on poster board.
His messages to her were included in her application for a restraining order, including one in which she detailed injuries to her face and jaw and he allegedly wrote: “I feel so bad that this happened.”
The woman was granted a temporary domestic violence restraining order in the case last month, after she made graphic allegations in court filings, supported by photos and medical records, about two separate sexual encounters with Bauer that she said turned violent.
His agent and attorney, Jon Fetterolf, has denied the allegations as “baseless” and “defamatory.” Attorneys for both sides did not respond to requests for comment Friday.
The Washington Post does not typically identify alleged victims of sexual violence.
The allegations against Bauer have fueled questions about the Dodgers’ decision to sign the pitcher last offseason to a three-year deal that includes included $40 million in 2021, the richest single-season salary in baseball history. Bauer, who won the National League Cy Young Award while on the Cincinnati Reds during the pandemic-shorted 2020 season, was known by then for clashing with women on Twitter, leading to death threats and other harassment from some of his nearly half a million followers. Dodgers leadership said at the time that it had vetted the pitcher.
In her request for a restraining order last month, Bauer’s accuser said during her first in-person encounter with Bauer, in April, he used her hair to choke her unconscious and had anal sex with her without her consent. On her second visit the next month, she wrote in an affidavit, “I agreed to have consensual sex; however, I did not agree or consent to what he did next. I did not agree to be sexually assaulted.”
After being again choked unconscious, the woman claimed, she awoke to him punching the left side of her jaw, head and cheekbones. He then repeatedly punched her vagina, the accuser claimed, and she began crying and violently shaking, with her body having what she described as a “trauma response.”
In the medical records filed with the restraining order application, a doctor wrote that she “appears to have suffered significant head and facial trauma,” including what was suspected as a basilar skull fracture until a CT scan ruled it out. Photos filed in court showed her face to be heavily swollen, bruised and scratched.
The woman said that she made a recorded call May 21 to Bauer at the direction of detectives of the Pasadena Police Department in which he admitted to punching her in the buttocks while she was unconscious. When more than a month passed without an arrest — during which time she claimed Bauer texted and called her “nonstop” — she filed the temporary restraining order June 28.
Bauer’s representatives provided members of the media with text messages that they claimed the woman “purposefully omitted” from her court filing. In the text messages, the accuser and Bauer appeared to discuss him having choked her unconscious during their first sexual encounter. He also asked if she wanted “Slaps in the face,” and asked her: “Do you even know what pain is?”