WAR OF THE ROSE
Knick amps up rape-case fight
New Knick Derrick Rose is taking t he offe ns ive in a civil case accusing him of rape, introducing witnesses to undercut the woman’s story and vowing to go to trial instead of settling.
Putting on his own version of a full-court press, new Knicks guard Derrick Rose wants his rape accuser to know one thing — if she takes him to trial, it’s going to be an all-out war.
Rose had his lawyers f ile a brief in Los Angeles Tuesday revealing their plan to call on the woman’s own friends and acquaintances to refute her accusations that the NBA star and two pals gang-raped her while she was passed out.
Among the defense’s potential witnesses is Gabriela Chavez, an ex-pal who will tell jurors that the accuser privately admitted she had consensual group sex with Rose and two friends on Aug. 27, 2013, according to the f iling.
Rose’s attorneys will also call on co-worker Keyana LaVergne, who will say that the accuser put in a full day of work just hours after she claims she was assaulted, and that the woman showed her colleague photos of sex toys on her computer.
Finally, ex-roommate Claudia Carleo will say that she heard no commotion the night of the alleged gang rape and the woman was “smiling” and “happy” the next morning, Rose’s lawyer Mark Baute writes in the brief.
Attorneys for the woman — who by court order is only named as Jane Doe until the Oct. 4 trial — said the statements were taken out of context.
One of her lawyers, Brandon Anand, noted that Carleo also said in a deposition that Doe later told her that she had been raped and showed her a bloody blanket.
Her second attorney, Waukeen McCoy, said that Baute “is not including facts that harm his client.”
One of those facts is a report by Rose’s toxicologist, who says that the woman was very drunk on the night in question, with an estimated blood-alcohol level of 0.20, more than twice the legal driving limit.
The accuser says Rose broke into her apartment around 2 a.m. and raped her while she was passed out. Rose counters that the sex was consensual.
Rose also plans to paint the 30year-old California resident as a “sexual aggressor” who was the opposite of the Catholic “prude” she portrays herself to be — despite the judge’s warning to keep the woman’s sexual history out of the case.
Knicks coach Jeff Hornacek seemed to hint at a settlement Wednesday when he said he is confident that Rose won’t miss any preseason time. “I anticipate Derrick’s going to be here,” he said.
Meanwhile, Baute is begging the judge to let him donate $5,000 to a Los Angeles rapetreatment center instead of paying a $1,000 fine for stating the woman’s name in open court last week, a day after the judge had said she could not be named until a jury is selected.
On Thursday, Rose’s lawyers will ask the judge to deny the woman’s request to reverse his prior ruling that requires her to use her real name at trial.
“Ms. Doe’s last-ditch effort to keep her identity hidden at trial would materially prejudice Mr. Rose’s right to a fair trial,” Baute said in papers filed Tuesday.
Also, at a pretrial hearing on Thursday, Doe’s lawyers will try to toss any evidence about the accuser’s past “sexual behavior and sexual predisposition.”
Her lawyers argue that the information is not relevant and could unfairly prejudice their client in the eyes of the jury.
The Los Angeles federal court case is expected to last eight days. Rose will be called away from preseason action to take the stand.
He has not been charged criminally, although the LAPD is still investigating.
The 2011 MVP said earlier this week that he hasn’t done “anything wrong” and will be “proven innocent.” POST UP: Derrick Rose’s lawyers want his rape accuser’s friends to testify against her.