Judge re­fuses to de­clare mis­trial in Der­rick Rose rape case

Daily Freeman (Kingston, NY) - - SPORTS -

LOS AN­GE­LES >> Lawyers for a woman ac­cus­ing NBA star 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.

Lawyers for Rose had ar­gued that the plain­tiff’s lawyers 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.”

Newspapers in English

Newspapers from USA

© PressReader. All rights reserved.