Judge in Derrick Rose's sexual assault case considering a mistrial
The judge said he would decide on Wednesday

The judge in New York Knicks guard Derrick Rose's civil sexual assault trial said Tuesday that he is seriously considering a mistrial because of three text messages that Rose's lawyer said were hidden by the accuser's lawyers. From the New York Post's Julia Marsh:
"Let me be very blunt with you. You have been very careless with these exhibits," Judge Michael Fitzgerald said Tuesday morning.
The judge was referring to three lewd text messages between the accuser and Rose sent just hours before and after the alleged rape. They discuss a massage therapist whom the accuser brought to a party at Rose's house the night of the alleged sexual assault and bely her claim that she was in no mood for group sex.
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The judge said the missing texts give "credence to the allegations which are now being made by the defense" - that the accuser lied about the rape.
"It might very well be a mistrial," the judge said.
But he added that he was hesitant to call off the trial because the jury has already spent a week on the case and the NBA regular season starts on Oct. 25.
One of the accuser's lawyers, Waukeen McCoy, said that the texts were given to the defense between November 2015 and January 2016, according to the New York Post. The judge said he wanted evidence of this when the trial resumes on Wednesday:
The judge said he wants something from Jane Doe's lawyers with a Bates stamp proving when they gave the defense the text messages.
— Diana Moskovitz (@DianaMoskovitz) October 11, 2016
Judge said he will take up mistrial motion in the morning when he expects Doe's side to prove whether she provided texts to Rose bef. trial
— Julia Marsh (@juliakmarsh) October 11, 2016
If the texts were indeed withheld, then the defense would have missed its chance to question the woman about them while she was on the stand. Marke Baute, Rose's lawyer, argued that the texts show that she and her friend went to Rose's Los Angeles home with the intention of having sex, via the Los Angeles Times' Joel Rubin.
Upon hearing the motion for a mistrial, the judge was "very angry," per Deadspin's Diana Moskovitz. He repeated, "This is not a trivial matter."
















