K-Rod: Order of protection issued plus two-day suspension from Mets

Mets' closer Francisco Rodriguez arrives in handcuffs at Mets' closer Francisco Rodriguez arrives in handcuffs at Queens Criminal Court, Thursday. (Aug. 12, 2010) Photo Credit: Patrick E. McCarthy

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Francisco Rodriguez received a two-day suspension without pay from the Mets Thursday and learned in court that he could face up to a year in jail in the wake of his alleged attack of his fiancee's father outside the Citi Field players' family room late Wednesday night.

The Mets closer was arraigned at Queens Criminal Court in Kew Gardens Thursday on third-degree assault and second-degree harassment charges and was ordered by Judge Mary O'Donoghue to stay away from his live-in fiancee and her father, forcing him to move out of his Upper Brookville home.

In requesting the orders of protection against Rodriguez, assistant District Attorney Kristen Kane said in court that Rodriguez has displayed "a history of violence," adding that his girlfriend, Daian Peña, and her 53-year-old father, Carlos, "are very fearful of the defendant returning to the home."

Rodriguez, who was released without bail, stayed mostly silent throughout his nine-minute arraignment, speaking only to confirm he understood the parameters of the order of protections. He later walked out of the courthouse and into a waiting Lincoln Navigator without responding to questions.

In the criminal complaint, which was obtained by Newsday, Daian Peña told police that the incident occurred after Rodriguez, 28, summoned her from the family room in Citi Field and told her to get her father. According to the account Peña gave to police officer Osvaldo Valentin, Rodriguez then proceeded to "pin her father against a wall, and punch her father multiple times in the face and head."

Her father told the officer that he suffered "bruising, swelling, abrasions and redness to the head and pain to his neck, and substantial pain, annoyance and alarm as a result" of the attack. He was taken by ambulance to Flushing Hospital.

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No reason is given in the complaint for the alleged attack, which it reported to have occurred "at about 10:22 p.m.," more than a half-hour after the Mets' 6-2 loss to Colorado. Rodriguez's attorney, Christopher Booth, refused to answer questions about the incident, saying only that Rodriguez "has family issues and family concerns on top of the pressures that athletes like him face every day."

In a statement, Mets chief operating officer Jeff Wilpon said: "Ownership and the organization are very disappointed in Francisco's inappropriate behavior and we take this matter very seriously."

In the second year of a three-year, $37-million contract, Rodriguez will lose more than $120,000 because of his suspension. His agent, Paul Kinzer, said in a text message to Newsday Thursday that K-Rod will not contest the team's punishment.

Officially, the Mets placed him on the restricted list, which allowed them to replace him on the roster. The Mets did not feel they had the grounds to attempt to impose more discipline or to consider voiding Rodriguez's contract, according to a source.

Rodriguez spent the night at Citi Field after getting arrested and was transported to the courthouse at 1:45 p.m. while being accompanied by two police officers. Rodriguez's arraignment began at 2:49 p.m., shortly after the Mets' 4-0 win over the Rockies had ended.

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The assistant district attorney requested bail set at $5,000, but the judge refused after Rodriguez's attorney argued that he was not a risk to flee, given his high-profile occupation. "If the Mets are playing . . . all you have to do is look in the bullpen," Booth said.

Rodriguez, whose next court appearance was scheduled for Sept. 14, was granted a two-day window to return to his Upper Brookville home with police escort to gather his belongings. Asked where Rodriguez will live in the meantime, his attorney said, "I can't answer that question. Certainly not at his home."

Police initially referred to the victim as K-Rod's father-in-law Wednesday night. But while he refers to Daian Peña as his wife, K-Rod's lawyer said they are not married. She gave birth to the couple's twins last September. With Ken Davidoff

and Chris Mascaro

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