TORONTO – Roberto Osuna plays for a new team in a new country now, but it’s still status quo for his court case – at least for now.
Domenic Basile, Osuna’s defence lawyer, says he continues working to obtain a peace bond that would include the withdrawal of the assault charge that Toronto police made on May 8.
Osuna wasn’t present for Wednesday’s court appearance, nor was the alleged victim, who’s now in Mexico, according to Basile. A new court date has been set for Sept. 5, and Basile says he’s hopeful that will be the last one needed based on his discussions with the Crown.
“I’m working towards a resolution,” Basile told reporters on the steps of Toronto’s Old City Hall courthouse Wednesday afternoon. “If it can’t get resolved, then a trial date would be set.”
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If there’s a trial, Osuna intends to plead not guilty, Basile said. Though major-league baseball found enough evidence to suspend the 23-year-old for 75 games under the MLB-MLBPA joint domestic violence policy, “there’s no admission of guilt,” according to Basile.
A peace bond – an agreement to abide by certain conditions – would represent a positive outcome for Osuna since it would mean there’s no conviction. As such, Basile continues pushing for an agreement.
It’s not necessarily that simple, though, as the Crown prosecutor has a say in the matter, too. Wednesday’s court session also solidified plans for a judicial pre-trial at which Basile and the Crown prosecutor will meet with a judge.
After acquiring Osuna, the Astros issued a statement from general manager Jeff Luhnow in which he said “we are confident that Osuna is remorseful.” But when asked about that characterization Wednesday, Basile pushed back.
“I can tell you that my client is not remorseful of being guilty of any criminal activity,” he said. “My client, if I were to try and interpret what the general manager meant, my understanding is he’s obviously remorseful of the circumstances. He’s obviously now in a situation where he was suspended by major-league baseball. He’s in a situation where he’s been traded and we all know, and I’ve said it more than once that he loved pitching in Toronto, he loves the city of Toronto. That was his first major-league baseball team. I think he’s remorseful that the circumstances are what they are, but at the end of the day in a criminal court, his intention is to plead not guilty and I’m working towards a positive resolution for Mr. Osuna.”
Osuna was “somewhat emotional” at being traded, according to Basile, who expressed disappointment at seeing his client dealt.
“The Jays may feel for whatever reason that it was best for them to trade Mr. Osuna,” he said. “I don’t agree with that, but that’s my view.”
Osuna’s still suspended from MLB action through Saturday’s games, but he’s slated to pitch at double-A before joining the Astros in Los Angeles Sunday. The Astros have said he’ll be active at that point, yet Basile wasn’t certain what to expect from his new team.
“They may not play him until after the charge is dealt with (or) they may play him because he’s presumed innocent,” he said.
As for the photo of the alleged victim’s face that Yahoo’s Jeff Passan wrote “police officers in Toronto still talk about,” Basile said “I’m not aware of any horrific photo.” He has received the Crown’s evidence against Osuna, but declined to comment on those details.
Osuna’s 75-game suspension represents the third-longest suspension issues by MLB, and was determined independent of the legal system. Part of that discipline includes participating in an evaluation and treatment program, a process that has begun.
