SAN DIEGO - The high-profile legal battle between a former Houston dancer and former Padres outfielder Brian Giles is headed back to court Monday afternoon.
Cheri Olvera wants a new jury to hear her claim of domestic violence.
"It's unjust, it's not fair," Olvera told 10News during an interview Sunday morning. "He clearly was convicted of domestic violence in a court and it was wrong that the jury wasn't able to hear that he was convicted of that and I do think there would be a different outcome if they knew."
Olvera said surveillance video taken from a Phoenix bar in 2006 shows Giles abusing her. The former baseball All-Star pleaded no contest to a misdemeanor battery charge in connection with the incident, but that information was not allowed to be heard during the civil trial.
"The jury found that Mr. Giles had committed domestic violence on Ms. Olvera, confirmed by the video at the bar in Phoenix in 2006, and they also found that did not cause her any damage, which we think is just unjust and wrong," said attorney Matthew Herron.
Instead, jurors determined both Giles and Olvera abused each other, but no one was seriously hurt. Giles declined to comment on the appeal, but his attorney said the case was never about domestic violence.
"One of the key components of domestic violence is fear and there was no fear here," said attorney Jim Scott.
Initially, Olvera wanted to sue Giles for $10 million.
"Look at how this thing started. It started with a convenient package that was sent to the media to disparage Mr. Giles. That's not your typical domestic violence case. That's give me a lot of money," Scott said.
Olvera has not attached a monetary figure to her appeal.
"I just want to be treated fair and have a fair trial, and I mean, that's it," she said. "I don't really have a number."
During the civil trial two years ago, Olvera claimed Giles violated a verbal agreement that he take care of her financially. Jurors ruled in favor of Giles. They also ordered Olvera to return her $107,000 engagement ring.
Giles' attorneys portrayed her as a gold digger who went after rich athletes. Olvera said the suit was never about money.
"We lived as a married couple, I helped him raise his kids, he helped me raise mine and it was nothing like that," she said. "When I left, I left with nothing."
Two years ago, Olvera married former Yankees player Chuck Knoblauch. She said the two are in the middle of a divorce. She cited domestic violence as the cause.
The hearing is set for 1:30 p.m. Monday. A decision is expected within 90 days.