Why Trevor Bauer Plans to Invoke Fifth Amendment In Today’s Final Hearing Day

Trevor Bauer’s attorney said Wednesday that the Dodgers pitcher would invoke the Fifth Amendment if called to testify by his accuser’s attorneys and asked a Judge not to make him take the stand today. It is rare that the subject of a hearing pertaining to a restraining order would ever testify. This is because anything they say on the stand, under oath, can and will be used against them in a subsequent criminal case. Bauer is presently the subject of a pending criminal investigation by police in Pasadena, California, his attorney confirmed on Wednesday.

The Judge did not immediately agree to not force Bauer to take the stand, where he would be required to invoke the Fifth Amendment to every question asked, which can quite frankly be a huge waste of everyone’s time. But, she did say she would review legal precedent and issue a decision.

Today, is the final day of the hearing to determine whether his accuser will be granted a restraining order that can last up to five years, the Judge is expected to issue an immediate ruling.

Of note, is the fact that restraining orders are typically granted when there is a close domestic relationship between two parties, including spouses, girlfriend/boyfriend or family members. Bauer’s attorney has argued it would be inappropriate to grant one in this case given that Bauer and his accuser merely had two sexual encounters. However, the accuser presented evidence of Bauer calling and texting her numerous times afterwards checking on her and offering to bring her things such as groceries. His attorney also subjected the accuser to an aggressive cross-examination, asking why the accuser withheld certain documents of evidence including certain text messages where she allegedly asked to be choked out, from the documents supporting her petition for a temporary restraining order. The accuser responded that she did not know.

Bauer’s attorney also brought up his accuser’s past relationships with other professional ballplayers which was not entirely relevant to this hearing but the Judge allowed it in anyway.

Meanwhile, a nurse testified about Bauer’s accuser’s injuries, which is important because Bauer has claimed she doctored pictures of said injuries. A sex assault expert was also permitted to testify.

Bauer’s attorney made the argument that Bauer stopped when he was asked to, during the sexual encounters and that he did what his accuser wanted him to do. The accuser claims she agreed to light rough sex but not to be punched in her private parts among other injuries she claims she sustained while unconscious.

Bauer remains on administrative leave from MLB and today’s outcome will certainly play a role in how soon, if at all, he will be back on the field.