After a failed motion to rule their client incompetent to testify, 88-year-old former IU Men’s Basketball team doctor Brad Bomba, took the stand on Thursday. The attorneys representing two former IU basketball players requested that the judge “compel” Dr. Bomba to answer questions. In the end, Dr. Bomba pled the fifth to all 45 questions asked in a 75-minute deposition.
In October, Haris Mujezinovic and Charlie Miller filed a class-action lawsuit against Indiana University, alleging sexual abuse by the former team doctor. They claimed Bomba subjected them to repeated and unnecessary medical exams, including abusive rectal examinations.
Related: Indiana University Investigating Abuse Allegations Against Former Doctor
Mujezinovic and Miller allege that Bomba had a reputation for these exams among players, coaches, and athletic department staff, and they say the University failed to stop the behavior. The lawsuit states, “When Mujezinovic's teammates saw that he was assigned to Dr. Bomba, Sr., they warned Mujezinovic to prepare for 'the finger.’”
Court documents state that during Thursday’s hearing, Bomba “refused to answer questions that would likely have self-incriminating answers, including the following: 'was it your routine and general practice to perform digital rectal exams during every student athlete physical at IU?'; '[d]id you get informed consent from student athletes before you performed digital rectal examinations on them?'; 'how did you conduct digital rectal exams on IU players?’”
According to ESPN, “The plaintiffs' attorneys noted Bomba had a right to invoke the Fifth Amendment in some questions.” However, the plaintiffs’ attorneys are calling out Bomba’s refusal to answer, claiming he declined basic questions that contained no criminal implications. They also claim he pled the fifth to questions regarding his understanding of Title IX, his relationship to former head coach Bobby Knight and questions about basic medical care.
The plaintiff’s attorney told ESPN it is important for the investigation to understand Dr. Bomba and coach Knight’s relationship to estimate how many leaders in the men’s basketball team knew what was going on during the exams. She said, “the more people who knew, the harder it would be for the university to deny what it knew was going on.”
The university response is due on Tuesday, but it has yet to comment on the allegations or lawsuit beyond a statement made in September.
