Wednesday’s roundup: Judge rules to continue Rose trial

Associated Press

Los Angeles — Attorneys for a woman accusing Knicks point guard Derrick Rose and two of his friends of rape failed to disclose text messages to the defense, but the lapse was not significant enough to throw out the case or declare a mistrial, a judge ruled Wednesday.

Attorneys for Rose had argued the plaintiff’s attorneys purposely withheld three texts until the woman was done testifying so the defense couldn’t question her about messages that showed the night in question had been planned for sex and that she was talking the next day about being reimbursed for cab fare and not accusing anyone of rape.

U.S. District Court Judge Michael W. Fitzgerald said the accuser’s legal team had 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.

“I’m not going to dismiss it now,” Fitzgerald said. “I’m not going to declare a mistrial when we have a jury in the box.”

The woman’s attorneys said the texts were shared with the defense, but they couldn’t prove it. They also argued the defense had other messages showing the same thing.

The decision came the day after 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 described burns the woman claimed she got on her hands from a fire pit outside his Beverly Hills house and said she had been “wasted” the night before. Rose said he never witnessed any burns the night before and that she seemed sober.

The 30-year-old woman filed the $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 Associated Press is not naming the woman because it generally does not identify people who say they are victims of sexual assault.

Rose testified that he was raised by a single mother, who was his mentor and had taught him to respect women.

When attorney Waukeen McCoy began to ask Rose a question by saying that since his mother had taught him manners, Rose snapped back in a rare display of emotion during an otherwise unflappable matter-of-fact testimony.

“Was that a joke?” he said. “Don’t be playing on my mom like that, bro.”

The central 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.

Attorneys for the woman showed video taken of Rose in June testifying at his deposition in which he said he didn’t understand the word consent.

Slam dunks

NBA commissioner Adam Silver said discussions will resume on the collective bargaining agreement next week after he returns from China, with two months left before a key deadline.

Speaking before the NBA’s second preseason game in China on Wednesday, Silver said he planned to hold meetings next week in an ongoing process that will include several team owners, National Basketball Players Association executive director Michele Roberts and Los Angeles Clippers guard Chris Paul, the players’ association president.

... Grizzlies coach David Fizdale has told 15-year veteran Zach Randolph (Michigan State) he will anchor the second unit instead of starting alongside center MarcGasol.

Randolph, who has started 820 of the 984 NBA games he’s played, is on board with the move.

JaMychal Green, 26 and entering his third year, will replace Randolph as the starter at power forward.