A verdict will be reached in the Derrick Rose case soon enough after all. One day after the defense motioned for a mistrial on the basis that the accuser’s representation failed to provide them with pertinent text messages, Judge Michael W. Fitzgerald ruled that the ongoing proceedings would continue as planned.
Though the judge denied the defense’s motion, he made abundantly clear that the plaintiff’s failure to produce the text messages is both negligent and supportive of Rose’s realization shortly after the incident in question that Jane Doe was after his money.
Here’s Julia Marsh of the New York Post:
“Plaintiff failed in her legal obligation to respond fully to the lawful discovery demands,” Judge Michael Fitzgerald said in court Wednesday morning.
“These texts could be viewed by the jury as being helpful to the defense,” Judge Fitzgerald said.
“They are at a minimum consistent with the defense’s theory of this action,” the judge added, referring to Rose’s claims that his accuser made up the sexual assault claim in a bid to get rich.
The judge said he will tell the jury that the accuser had an obligation to hand over a complete set of texts, but failed to do so. He will also allow Rose’s attorney to recall the accuser to the witness stand to grill her about the texts.
Hours before she was allegedly raped by Rose, Randall Hampton, and Ryan Allen, the accuser sent the New York Knicks star a text message in which she called him “babe” and asked why he didn’t have sex with a friend who accompanied her to his rented Beverly Hills Mansion. One of Rose’s lawyers, Mark Baute, argued that Doe’s text — which was one of the several not shared with the defense — is indicative of her plans to “map out a false rape charge because she wants and needs money.”