BEVERLY HILLS—On Wednesday, October 12, U.S. District Court Judge Michael W. Fitzgerald refused to honor a mistrial in the alleged rape case involving New York Knicks NBA star, Derrick Rose.
According to The Daily News, Rose’s lawyers brought the case to Fitzgerald in hopes of declaring a mistrial, arguing that text messages sent to Rose by the plaintiff, Jane Doe was withheld until after she testified. Judge Fitzgerald made the decision that the proposal was inconclusive and that they will continue to investigate the case.
According to Los Angeles Times, Rose’s lawyer, Mark Baute indicated that the three text messages will prove that the plaintiff willingly agreed to go to Rose’s home in Beverly Hills to have sex and brought her friend along. Baute also adds that in one of the messages the plaintiff sent after leaving Rose’s home, she questioned Rose for not having sex with her friend.
Derrick Rose and his friends, Randall Hampton and Ryan Allen are being sued by Jane Doe (as noted in court records), who is accusing the three defendants of gang raping her in her downtown Los Angeles apartment while drugged and unconscious on August 27, 2013. She has brought a $21.5 million lawsuit against Rose, Hampton and Allen. All three defendants have denied the allegations arguing that the sexual intercourse was consensual.