An Arizona Court of Appeals order has paused the fraud prosecution of Scottsdale woman Darcy Adanna Esemonu, with jury selection scheduled to begin just four days later. The November 5 stay came as Esemonu faced two felony counts of fraudulent schemes and artifices involving former Major League Baseball pitcher Trevor Bauer and another man.
Prosecutors accuse Esemonu of defrauding Bauer by falsely claiming she was pregnant and asking him for money, according to court records obtained by 12News. Bauer has alleged that she demanded $1.6 million in exchange for getting an abortion, CNN previously reported. Bauer has also alleged that Esemonu sought $3.6 million and that he paid her $8,761 for pregnancy-related expenses in 2023; those figures are claims by Bauer and his attorneys.
The criminal case followed a civil lawsuit Esemonu filed against Bauer in June 2023, accusing him of assaulting her several times, including sexually assaulting her in December 2020, according to CNN. Her original complaint alleged choking, physical violence and threats involving a knife, and sought roughly $3.69 million in damages. Bauer has denied sexually assaulting her and said their encounter was consensual. He has also said Esemonu was never pregnant and that her medical records support that claim. In an April 2024 video, Bauer acknowledged her indictment and said, “One of the women who accused me of sexual assault just got indicted for committing felony fraud against me. Imagine that.”
How a Charging Dispute Derailed the Original Trial Date
The appellate dispute centers on prosecutors' effort to revise the original indictment. That indictment combined allegations involving Bauer and another alleged victim, and the case was set for trial on April 13, 2026. Before that date, prosecutors sought to change the indictment's wording, but Judge Kristin Culbertson rejected the proposed amendment as substantive rather than technical, according to 12News.
Prosecutors then dismissed the original case without prejudice and filed a new indictment on April 10, charging Esemonu with two separate counts of fraudulent schemes and artifices, both class 2 felonies. Defense attorney Lloyd Tate argued that the first indictment required prosecutors to prove allegations involving both men to secure a conviction, and that the new case sidestepped Judge Culbertson's ruling.
Arizona Rule on Changing Charges
A 2020 nonprecedential decision summarized Arizona Rule of Criminal Procedure 13.5(b) as allowing a charge to be amended without the defendant’s consent only to correct mistakes of fact or formal or technical defects, according to the Arizona Court of Appeals. That decision addresses limits on amendments; it does not resolve whether prosecutors may dismiss and refile charges after a judge rejects a proposed substantive amendment, the dispute at the center of Esemonu's case.
Defense Accuses Prosecutors of Judge Shopping
At a September 9 hearing, Tate argued that prosecutors had used the dismissal to bypass Judge Culbertson's decision. He also contended that the state had waited too long to seek a change to the indictment, despite having an opportunity to address the issue earlier.
Prosecutors responded that Judge Culbertson had found a defect in the indictment, not ruled on the evidence or the underlying allegations. They said the state could proceed under a new indictment with corrected charging language, that the defense had advance notice of their plan, and that the move was not an attempt to secure a more favorable judge.
Case Now Paused Pending Appellate Review
The judge who heard the September 9 arguments denied Esemonu's motion to dismiss, allowing the prosecution to continue toward trial. The Court of Appeals' stay halted that path days before jury selection. The case is now paused pending further appellate action. A trial could still take place before 2027, but no new date has been confirmed.
