Osuna anxious to resume career, lawyer says
Major League Baseball moves quickly. The courts do not.
So Roberto Osuna could soon be back on the mound with a criminal charge still hanging over his head.
The Blue Jays star closer was suspended on June 22 for 75 games, third-longest penalty ever assessed against a player found to be in violation of the league’s policy on domestic violence, sexual assault and child abuse.
Osuna was arrested on May 8, charged with one count of assault.
At a hearing on Monday, the matter was put over to Aug. 1 — four days before the 23-yearold is eligible to resume playing at the major league level.
Lawyer Domenic Basile reiterated that Osuna — who wasn’t in court — intends to plead not guilty.
“If we are able to resolve the matter, then he will be here,” on the first of the month. “But if it takes a little bit more time, he won’t be here because he’s only going to come when something meaningful happens.”
Osuna has been training in Florida.
Basile, who met with Osuna last week, has been in ongoing pretrial discussions with the Crown, seeking agreement on a course of action that might avert a trial.
“The meetings are going well,” Basile told reporters on the court steps of Old City Hall following the brief procedure. “There’s a lot of information that is being discussed and exchanged. It’s a very productive, reasonable approach that I suggest the Crown is taking and that I’m taking thus far. But nothing is carved in stone.”
Osuna, said Basile, is anxious to resume his career with the Jays, with general manager Ross Atkins and manager John Gibbons already stating the marquee right-hander will be welcomed back into the fold.
“He loves the Toronto Blue Jays, he’s very appreciative of all the support he’s support he’s getting from fans that are behind him and we’re all looking forward to him coming back and throwing on the mound,” said Basile.
The defence lawyer would not reveal specifically what alternatives are under discussion. But he noted there are really only three options: resolution, possibly by means of a peace bond; a trial; or pleading guilty. Osuna is adamant that he will not plead, according to Basile.
“I’m hoping to get things resolved by Aug. 1. It’s doubtful. It may take a little bit longer, it may take a lot longer.”
Basile emphasized that Osuna’s decision to accept baseball’s suspension without availing himself of an appeal is by no means an admission of guilt.
“I want to make it clear there is no admission of guilt by Roberto Osuna with respect to what happened with Major League Baseball. They imposed that suspension and he’s not appealing it and he’s going through the process.
“In that sense, it doesn’t affect what happens in the criminal system.”
Had Osuna fought the suspension, a hearing would have been mandated.
“By the time a hearing was conducted and by the time the matter was finalized, you could be talking by the end of next year, another baseball season and a half,” Basile explained. “One advantage to Roberto is that he can get back to playing the game he loves on Aug. 5.”
A statement released by Commissioner Robert Manfred on June 22 said Osuna will participate in a “confidential and comprehensive evaluation and treatment program,” under the joint policy between Major League Baseball and the players’ association, as established in 2015. That policy allows baseball to suspend a player even in the absence of a criminal conviction.
“Counselling has been undergone by him,” said Basile. “Perhaps a peace bond is offered and the matter is withdrawn. Another option is that if there was to be a guilty plea, there could be a resolution that involves a discharge, not a conviction.”
If the case does go to trial and Osuna were to be found guilty, he could have visa issues as a Mexican national working in Canada and the United States.
“I’ve spoken to a couple of immigration lawyers. Obviously if there’s a conviction, that could negatively impact him with respect to travel.”
Basile was not involved with the MLB investigation but Osuna, he said, was “entirely co-operative” with the league throughout.
Osuna was arrested on May 8 — the suspension is retroactive to that date — following an alleged incident of domestic violence with his girlfriend, mother to their child.
Basile refuted media reports that the woman, whose identity is protected by a publication ban, had been interviewed by MLB investigators.
“That’s news to me. I don’t understand there to have been an interview with the complainant.
“I would expect I would have known about that because I have been talking to lawyers for Major League Baseball and the players’ association. But you have to understand that Major League Baseball and the criminal court are two separate places, two separate entities. Major League Baseball runs this business and it’s a big business, it’s a multibilliondollar business. They work one way and the criminal court system works another way.”
Bail conditions for Osuna stipulated that he not have any contact with the woman and not go within 100 metres of a downtown address listed on documents as his apartment.
To his knowledge, said Basile, Osuna and the woman have not reconciled.
“Right now my understanding is that she’s potentially a Crown witness. They are not, to my knowledge, having any contact because the release order for Roberto is that they can’t have any contact.’’
After his arrest, a photo was leaked to Global News of the pitcher in a jail holding cell. It subsequently went viral on social media.
“He was quite disturbed to hear and see that picture was leaked by the police officer in question.”
The breach is being investigated internally by Toronto police.
“It was very unfortunate that here he is, arrested and presumed innocent, to have the leak that you had,” said Basile.
Although the suspension extends for nearly another month, an agreement negotiated between the league and the players’ association grants him permission to begin his rehabilitation assignment in the minor leagues this coming Saturday.
“He’s very anxious to deal with this and to move forward,” said Basile. “He’s a young man, I hope we can all remember, 23 years of age and he started in the majors when he was 20.
“I can tell you that his spirits are very positive. He wants everyone to know that he loves this city. He wants to play as soon as possible.”