HOUSTON—Astros legend Jeff Bagwell reportedly knows there’s a subpoena with his name on it, but a lawyer who wants to question him under oath says "he’s hiding."
The retired slugger has been dating the estranged wife of Michael Brown, the former hand surgeon on trial for assaulting his spouse, according to court testimony. Brown’s defense attorney, Dick DeGuerin, has been trying to paint an unflattering portrait of Rachel Brown.
She testified under oath that she started dating Bagwell about five months after the fight with her husband that led to the assault charges.
Rachel Brown also said she’s vacationed with the Astros legend in Cabo San Lucas and San Diego since they started seeing each other in January.
But DeGuerin apparently wants to question Bagwell about that timeline.
Alas, it seems Bagwell probably won’t be swinging through the courtroom. Rachel Brown testified that, although he knows he’s on the witness list, he’s out of town.
"He’s hiding," DeGuerin told reporters as he left court Thursday.
Bagwell's second wife, Ericka, filed for divorce in October 2010. The case is still pending.
The prosecution rested its case Thursday. Testimony is expected to continue on Monday.
If Michael Brown is convicted, he could go to prison for as long as 10 years.