Rose says rape claim ‘looked like a setup’

Knicks point guard says sex with ex-girl­friend, 2 friends in 2013 was con­sen­sual

Baltimore Sun - - SPORTS -

LOS AN­GE­LES — The night after Der­rick Rose and two of his friends had sex with his ex-girl­friend, he had a hunch she was go­ing to claim they raped her, the NBA star tes­ti­fied Tues­day.

Rose said he be­came sus­pi­cious of the woman when she texted later the same day of the al­leged at­tack in August 2013 to say how ine­bri­ated she had been and to de­scribe burns she claimed she got on her hands from a fire pit out­side his Bev­erly Hills, Calif., house. Rose said he be­lieved she was sober and never wit­nessed any burns the night be­fore.

“It looked like a setup,” the New York Knicks point guard said. “It turned out to be what I thought.”

Rose was tes­ti­fy­ing for a sec­ond day in the $21.5 mil­lion law­suit that claims he and his friends had sex with­out the woman’s con­sent when she was in­ca­pac­i­tated from drink­ing and, pos­si­bly, drugs.

The woman claims the three en­tered her apart­ment and had sex with her while she was blacked out after drink­ing tequila at Rose’s rental house ear­lier.

Rose said the woman was sober, and he as­sumed con­sent based on their past: a text mes­sage she sent out of the blue that morn­ing say­ing he made her “horny,” as well as her be­hav­ior through­out the day and night.

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

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.

When asked by his own lawyer, he said he was ner­vous at the de­po­si­tion and he de­fined con­sent as both par­ties be­ing in agree­ment. He said the woman had con­sented all the pre­vi­ous times they had sex over an 18- to 20-month pe­riod.

Although they had split up a cou­ple of months be­fore, he said he took her sug­ges­tive text the morn­ing of Aug. 26 as of­fer­ing con­sent.

“When she sent me texts like that, 99 per­cent of the time it ended up in sex, so what do you ex­pect?” he said.

The As­so­ci­ated Press is not nam­ing the woman be­cause it gen­er­ally does not iden­tify peo­ple who say they are vic­tims of sex­ual as­sault.

The trial is pro­ceed­ing even as a judge con­sid­ers declar­ing a mis­trial after crit­i­ciz­ing the plain­tiff’s at­tor­neys as “un­be­liev­ably care­less” in pro­duc­tion of ex­hibits.

Rose’s at­tor­neys asked U.S. Dis­trict Court Judge Michael W. Fitzger­ald to de­clare a mis­trial be­cause they had not been given three text mes­sages im­por­tant to their case un­til Fri­day, when Rose was on the wit­ness stand.

Fitzger­ald, who used the phrase “un­be­liev­ably care­less” sev­eral times, said it was not a friv­o­lous mat­ter, and he told the lawyers to prove the texts had been dis­closed.

The judge said that if there is a mis­trial, it would push a new trial into the NBA reg­u­lar sea­son.

Rose tes­ti­fied that he has per­mis­sion from Knicks pres­i­dent Phil Jack­son to miss the next three pre­sea­son games un­til the trial is con­cluded.

The texts at is­sue were sent by the woman to Rose. The de­fense lawyers said they hap­pened to be look­ing at ex­hibits handed to them in a binder Fri­day and no­ticed texts that hadn’t been dis­closed be­fore the trial.

DAMIAN DOVARGANES/AS­SO­CI­ATED PRESS

The Knicks’ Der­rick Rose tes­ti­fied for a sec­ond day in the $21.5 mil­lion law­suit that al­leges that he and his friends had sex with­out a woman’s con­sent in August 2013.

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