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Trevor Bauer is not done fighting a personal legal battle against the woman who accused him of assaulting her this year.
While local prosecutors consider whether to file criminal charges against him, his attorneys recently filed a notice in civil court in Los Angeles stating that they plan to pursue attorneys’ fees from the woman and subpoena her phone records.
The notice stems from a hearing in August when a judge denied a request by the woman for a five-year restraining order against Los Angeles Dodgers pitcher. His attorneys state in the new court filing that the woman “took a proceeding designed to prevent future acts of domestic violence and turned it into a tool to gain publicity and harm (Bauer’s) career.”
“The hearing revealed that (woman) deliberately and systematically deleted and hid much information relevant to a full and complete understanding of her encounters with Mr. Bauer. including communications with her closest friends that revealed her improper motive in bringing this action,” the court filing states.
“Some, perhaps all, of this information, according to (the woman), resides only on the phone image taken by Pasadena Police Department on May 21, 2021. To obtain the information deleted by (the woman), (Bauer) intends to serve a subpoena on the Pasadena Police Department to secure this information.”
Pasadena police investigated the matter after the woman said Bauer choked her unconscious during sexual encounters at his home in Pasadena on two occasions in April and May. She said he punched her on the second occasion, leading her to visit the hospital with injuries. Bauer’s representatives said the encounters were consensual and said she asked for rough sex.
If her phone records show she deleted messages, Bauer’s attorneys hope it persuades a judge to grant their request to order the woman to pay Bauer’s attorneys’ fees and costs. They note that such sanctions can be assessed against an individual engaging in spoliation of evidence, an issue that they raised during the hearing in August.
For example, Bauer’s attorney, Shawn Holley went through a series of text messages at the hearing, including an exchange in which the woman wrote “give me all the pain” after her first encounter with him. She also wrote she had never been that turned on in her life.
But this kind of information was not included in her request for a temporary restraining in late June. Holley also suggested the woman had deleted key text messages recovered from the phones of others.
"Did you not think it was of critical importance to tell the judge that you asked for it?" Holley asked the woman during the hearing, meaning that the woman had asked Bauer for rough sex.
"I didn’t ask to be punched over all my body to the point where I had to be hospitalized," she answered.
In the new court filing, Bauer’s attorneys didn’t specify the amount of attorneys’ fees they are seeking.
Bauer “reasonably believes that information deleted by and hidden by Petitioner will further substantiate Petitioner‘s improper motives for filing this action,” the filing states.
The filing requests “sufficient time to secure the information deleted by Petitioner via subpoena to the Pasadena Police Department in advance of bringing a full motion for fees and costs.”
It also requests judicial leave to file a motion for reasonable fees and costs within 30 days after the Los Angeles County District Attorney’s decision about whether any criminal charges will be brought “against any individuals arising out of Respondent and Petitioner’s interactions.”
In August, Pasadena police handed the case over to the L.A. District Attorney’s Office, which will decide whether the case merits criminal charges.
Bauer has been on paid administrative leave since July 2 after signing a three-year, $102 million contract before the season.
A representative for the woman declined comment.
Follow reporter Brent Schrotenboer @Schrotenboer. E-mail: email@example.com
This article originally appeared on USA TODAY: Trevor Bauer to seek attorneys' fees from accuser in assault case