BLOOMINGTON — Former Indiana basketball team physician Dr. Brad Bomba Sr. invoked his Fifth Amendment right against self-incrimination more than 45 times in a deposition on Dec. 4, according to a transcript of his testimony.
He sat for a deposition via video conference that lasted less than 75 minutes in relation to a federal class action lawsuit filed by former IU players Haris Mujezinovic and Charlie Miller that alleges Bomba “routinely and repeatedly” subjected them to “medically unnecessary, invasive, and sexually abusive rectal examinations.”
The complaint states players were administered annual physicals by Bomba that involved “digital penetration” typically reserved for prostate exams for men aged 40 or older.
Bomba, who is a member of the Marion and Monroe County Hall of Fame, spent decades working with the IU athletic department and was also the team physician at Bloomington High School.
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On Tuesday, Indianapolis-based attorney Kathleen DeLaney filed a motion with the court to compel Bomba to answer a long list of questions she asked at the deposition on the basis that many of them, “could not possibly incriminate Dr. Bomba, Sr. in any crime, and subject Dr. Bomba, Sr. to criminal prosecution.”
According to a transcript of the deposition, Bomba testified without invoking his Fifth Amendment right against self-incrimination that he performed annual physical examinations on the athletes for the men’s basketball teams and physicals were done on campus at IU at the university gym or Assembly Hall.
Bomba testified that the school provided him with a questionnaire that needed to be completed and he documented the procedures he did on those forms, which were returned to the university.
He testified that he was also responsible for taking care of sick or injured players and travelled with the team on most of their road trips.
“I’m pleased that the Court required Dr. Bomba, Sr. to testify,” Mujezinovic said, in a statement. “He did not even try to justify what he did to me and others under the guise of ‘medical care’. Watching him testify was a difficult experience for me, but an important step in the pursuit of justice.”
Mujezinovic spent two seasons at Indiana from 1995-97 as a transfer out of Joliet Junior College. Miller played 126 career games for the Hoosiers over four years (1994-98) as a former McDonald’s All American.
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“Dr. Bomba testified that he documented what he did during annual player physicals and turned completed forms back in to the IU Athletic Department,” Miller said, in a statement. “This is important evidence confirming that the University knew what was going on and did nothing to protect us from what I now understand was sexual abuse.”
Indiana has retained Jones Day, an international law firm with experience in “sensitive investigations”, to investigate claims of misconduct against Bomba. The university has since declined to comment on the on-going litigation.
According to court records, Indiana has retained the Barnes & Thornburg law firm to represent them.
The 88-year-old former physician sat down for the deposition after U.S. Magistrate Judge Mario Garcia ruled that he component to testify earlier this month. There was a hearing held on the matter after Bomba’s guardian, Joseph Bomba, sought to delay his testimony because Bomba Sr. was in “declining health”, according to court documents.
“Dr. Bomba’s testimony, whatever it may be, would be important to both the plaintiff and defense,” Garcia stated, in his ruling. “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.”
Michael Niziolek is the Indiana beat reporter for The Bloomington Herald-Times. You can follow him on X @michaelniziolek and read all his coverage by clicking here.
