INDIANAPOLIS — Dr. Bradford Bomba, Sr., the 88-year-old former Indiana University physician accused of sexually assaulting basketball players in the 1990s, is competent to be questioned about the allegations, a judge ruled Tuesday.
Bomba will be sworn in under oath Wednesday in an out-of-court deposition, a pre-trial process used to gather information and evidence, in the federal class action lawsuit which was filed against the university Oct. 15 by two former players.
Haris Mujezinovic and Charlie Miller allege in court documents they were “routinely and repeatedly” subject to “medically unnecessary, invasive and sexually abusive rectal examinations” by Bomba.
Bomba’s guardian, Joseph Bomba, asked for the deposition to be delayed, arguing that Bomba “does not know the difference between a truth and a lie, making him incompetent to testify,” according to court records, which describe Bomba in “declining health.”
Those records also argue Bomba is incompetent to testify because “(1) his capacity to recall is severely impaired; (2) he is unable to distinguish between truth and fiction; and (3) he is incapable of asserting his Fifth Amendment right.”
After Bomba was questioned at the federal courthouse in Indianapolis on Tuesday, U.S. Magistrate Judge Mario Garcia disagreed and wrote in a ruling that Bomba “was able to accurately identify the difference between the truth and a lie.”
Garcia went on to write: “Dr. Bomba’s testimony, whatever it may be, would be important to both the plaintiff and defense. In making this determination, the court considers Dr. Bomba’s recollection of his education and understanding of basic concepts, his comfort and confidence during the hearing, noting that he did not exhibit any anxiety or distress.”
The allegations
Bomba, an IU grad who is a member of the Marion and Monroe County Hall of Fames, spent decades in his role as a team physician for former coach Bob Knight. He worked with other programs in the athletic department at IU and was a team physician at Bloomington High School.
The lawsuit filed by the players alleges the university “turned a blind eye” to complaints about Bomba’s sexual misconduct. It seeks unspecified money damages on behalf of all former IU athletes that were subject to alleged misconduct by Bomba.
The complaint states players were administered annual physicals by Bomba that involved “digital penetration” which are typically reserved for prostate exams for men aged 40 or older as outlined in guidelines set forth by the American Cancer Society.
“Dr. Bomba, Sr.’s routine sexual assaults were openly discussed by the Hoosier men’s basketball players in the locker room in the presence of IU employees, including assistant coaches, athletic trainers, and other Hoosier men’s basketball staff,” the complaint states.
The ruling
In the ruling Tuesday, Judge Garcia noted “the circumstances of this discovery request are, in fact, unusual.” He went on to write the court should weigh whether there is good cause to preclude Bomba’s testimony.
“Accordingly, the court must weigh the burden that the proposed deposition may impose on Dr. Bomba, and that which may be imposed on plaintiffs without his testimony,” Garcia wrote.
The court also considered in its ruling: “Dr. Bomba’s awareness of the general nature of the proceedings and the identification and role of his attorneys in these proceedings and that he would follow their advice.”
In closing, Garcia ruled that “having considered these various factors, the court finds that, in this instance, the risk of precluding Dr. Bomba’s deposition seems to outweigh the risk of the deposition, though not by a significant margin. Therefore, the court will allow the deposition to take place.”
The Herald-Times reporter Michael Niziolek contributed to this story.
Follow IndyStar sports reporter Dana Benbow on X: @DanaBenbow. Reach her via email: dbenbow@indystar.com.
This article originally appeared on Indianapolis Star: Doctor accused of abusing ex-Indiana basketball players found competent
