A woman accusing Derrick Rose and two of his friends of rape failed to disclose text messages to his defense team which was significant enough to throw out the case or declare a mistrial, a judge ruled Wednesday.
The plaintiff's lawyers argued that they withheld three important texts so the defense could not question her about night the alleged rape happened. The reported text messages show that rape was not the topic and in fact sexual relations were in fact planned between the NBA star and his friends in which she requested reimbursement for her cab fare and not accusing anyone for rape.
U.S. District Court Judge Michael W. Fitzgerald said he was not going to declare a mistrial right away, "I'm not going to dismiss it now and I'm not going to declare a mistrial when we have a jury in the box." The Legal team for the victim failed its legal obligation to share the texts, but there was a "minimal amount of prejudice" against Rose and his friends. He said he would instruct jurors that the texts were disclosed recently and allow defense lawyers to question the accuser about the messages.
Derrick Rose testified that he had a hunch the woman was going to claim the men raped her when he received a suspicious text later the same day.
The texts reportedly contain very descriptive details of that night in which the woman had burn from fire pit outside Rose’s Beverly Hill mansion and she had been “wasted” the night before.. Rose said he never witnessed any burns the night before and that she seemed sober. "It looked like a setup," Rose said. "It turned out to be what I thought."
The rape accusation surfaced in 2013 when the 30-year-old woman filed a $21.5 million lawsuit two years after the August 2013 incident, claiming Rose and his friends raped her at her apartment while she was incapacitated from drinking and, possibly, drugs.
The issue in the trial is consent and a lawyer for the woman spent much of his time trying to show that she never agreed to have sex with Rose in the early morning hours of Aug. 27, 2013, not to mention his two friends. He said the woman consented every time they had sex over an 18-20 month period. They had split up a couple months before, he said he assumed consent based on their past and a text message she sent out of the blue that morning saying he made her "horny."
Randall Hampton, Rose's personal assistant and co-defendant, was brought on to testify to show holes in his story by the woman’s legal team. He argued his boss has a bad memory and had a conflicting account about the evening at Rose's house."He has a hard time remembering things," Hampton said of Rose, who he said is like a brother to him. Hampton said Rose initiated that act and then later had sex with the woman on a bed at a poolside cabana and later they both had sex with her before going to her apartment. Rose testified that the woman originally initiated trying to have oral sex with him while she was having sex with Hampton. When asked if he was concerned about having sex with Rose's ex-girlfriend, Hampton said he never saw her as a girlfriend of Rose's even though he booked trips for her to visit the point guard in Chicago and Philadelphia.