The judge was not happy.
However, with a jury empaneled and the trial well underway, he was not going to dismiss the entire case.
The judge in the Derrick Rose $21.5 million civil rape trial taking place in Los Angeles announced he would not declare a mistrial. However, he did reprimand the plaintiff’s attorney’s for not producing several texts between the now Knicks’ point guard Rose and the woman from that night, and he will allow the defense to recall the accuser back to the stand for more cross-examination if they want.
A federal judge in Los Angeles decided Wednesday against declaring a mistrial in the lawsuit accusing NBA star Derrick Rose and two friends of raping the basketball player’s former girlfriend in 2013.
U.S. District Judge Michael W. Fitzgerald faulted the woman’s legal team for not having provided the defense sooner with three text messages she sent to Rose around the time of the alleged assault, but the judge said the failure was not serious enough to call an end to the civil court trial….
Fitzgerald ruled that the woman could be questioned again by Rose’s attorneys and that jurors would be told of the plaintiff’s error.
The texts from the night in question have been used by both sides to try to bolster their case to the jury.
One of the texts in question could be viewed as favorable to Rose and the defense, Rose’s attorneys believe it shows consent to the multi-person sexual encounter (which is at the heart of the case — Rose and his co-defendants say the encounter was consensual, the accuser says she was drugged by the trio and in could not have consented in that condition).
This was the bottom line for the judge.