The legal team representing the woman accusing New York Knicks point guard Derrick Rose of gang rape could have their case thrown away for withholding vital information.
According to the New York Daily News, Rose’s lawyer Mark Baute motioned for a mistrial after discovering “Jane Doe’s” team withheld a text message from 1:36 a.m on the night in question.
Text: "She was mad at me babe why u have me bring a bitch and u ain't fina f–k her." It's regarding Doe's friend brought 2 Rose's house.
— NancyDillonNYDN (@NancyDillonNYDN) October 7, 2016
Sounds like good day in court for Rose, ending with judge saying he'll consider mistrial. Now Rose will decide whether to fly to NY for game
— Stefan Bondy (@SBondyNYDN) October 8, 2016
Judge declined to rule. Said he'd take up mistrial motion when trial resumes Tuesday. He ordered Rose back Tuesday am.
— NancyDillonNYDN (@NancyDillonNYDN) October 8, 2016
Doe alleges that after dating Rose for two years, he and two friends broke into her Los Angeles apartment on the morning of August 27, 2013 and took turns raping her while she was too drunk to give consent.
Doe is suing the trio for approximately $21.5 million — the same amount Rose stands to collect in salary from the Knicks over the 2016-17 season — under California civil law.
Rose has maintained his innocence and says Doe gave he and his friends consent on the night in question.
When Doe’s attorney suggested the 2011 NBA Most Valuable Player had no remorse about the night, Rose said “I’m sensitive to it,” then added, “I feel I didn’t do anything wrong.”
The Knicks acquired Rose over the summer in a trade that sent Robin Lopez, Jose Calderon and Jerian Grant to the Chicago Bulls. He was the central acquisition of a New York roster revamp that also included deals for Joakim Noah, Courtney Lee and Brandon Jennings.
Rose scored 16 points and dished out five assists in the Knicks’ 130-103 preseason-opening loss to the Houston Rockets. It is unclear if he will travel to New York for Saturday’s preseason home game against Brooklyn, though the judge has ordered Rose back to Los Angeles on Tuesday.
Kristian Winfield covers the New York Knicks for Elite Sports NY. He enjoys buffalo wings and lemonade
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