The Philadelphia Phillies outfielder accused in an Atlantic City domestic assault has waived his first appearance on the charges.
Odubel Herrera's attorney, Gregory Mullens, put in the waiver, according to court.
Mullens is a former professional baseball player himself. He was signed by the New York Mets in 2005, and pitched for their then-minor league affiliate, the Savannah Sand Gnats.
His law career has included working as an assistant prosecutor in Hudson County, where he was assigned to the Gangs and Narcotics Task Force.
Mullens did not immediately return requests for comment about Herrera’s case.
Herrera has been on administrative leave since Major League Baseball was notified of his May 27 arrest at the Golden Nugget Hotel and Casino.
The alleged attack on his 20-year-old girlfriend left handprint marks on her neck and scratches on her arms, according to the complaint.
The affidavit provided to BreakingAC was blank.
Herrera was charged with simple assault and released on a summons with a court date of 1 p.m. June 17.
Herrera's decision to waive that appearance was announced through a tweet by the Atlantic City Police Department.
The decision whether to release a defendant in a domestic violence case with a summons or arrest them on a warrant is made depending upon their score on the Ontario Domestic Assault Risk Assessment, according to the Attorney General Guidelines.
The score, however, is not public record, BreakingAC was told by Atlantic City, in response to a request for the form.
Atlantic City also denied a public records request for a copy of the police report and 911 call.
“The remainder of the request is denied as a confidential domestic violence record,” wrote Karl Timbers, Atlantic City’s assistant city solicitor.
He did not respond to requests asking for clarification or why information has been released in other cases of domestic violence.
Herrera’s next court date has not yet been scheduled.
