In the fourth day of trial testimony, Derrick Rose’s close friends and co-defendants Randall Hampton and Ryan Allen took the stand. They testified about what happened the night of the alleged assault. A point of humor in the courtroom was a momentary escape when Ryan Allen (brother of Memphis Grizzlies Tony Allen) was asked if Rose was paying for his attorney fees. Allen said yes. And then his attorney, Michael Monico chimed in with, “I hope so”. It interjected a little comic relief in a trial filled with salacious details of sex and partying, a peek into the celebrity culture.
Before testimony, the defendants lawyers pressed on with their mistrial motion. In discovery, Jane Doe’s legal team didn’t hand over three text messages. The messages point to Jane Doe as being the organizer of sex with herself, masseuse friend Kendra and Rose. This contradicts her testimony. She had testified she had never participated in such an arrangement. Refusing to turn over crucial evidence that impeached her testimony was reason for a mistrial, according to the defense. Judge Michael Fitzgerald disagreed. He found it wasn’t intentional.
“These texts could be viewed by the jury as being helpful to the defense. They are at a minimum consistent with the defense’s theory of this action.” Meaning staged, a way to get money. Judge Fitzgerald said he would allow the jury to know the plaintiff didn’t turn over the evidence during discovery and the defense will get to call Jane Doe back on the witness stand again and ask her detailed questions about the texts. One of Jane Doe’s lawyers, Brandon Anaud said, “Any failure to produce the texts was clearly inadvertent.” He said he turned the texts over sometime during the period of November to December 2015 but had no evidence the chain of custody went from his possession to the defense.
“I am not going to declare a mistrial when we have a jury in the box”, Judge Fitzgerald ruled.
First to testify was the toxicologist. He testified that Jane Doe had no date rape drug in her system. She could have been tested for up to 18 months and her alcohol level at 3 a.m. was between .01-.04. He mentioned that she correctly typed in her zip code on one of the texts after she left the party. She didn’t have any cognitive deficits that accompany drunkenness.
Randall Hampton testified next and dropped a bombshell. He said the accuser asked for Ecstasy the moment she entered Rose’s Beverly Hills house. He also testified that after Jane Doe left the party, she called Ryan Allen and said it was okay for him and Hampton to come to her house but only if Rose came too. He portrayed Jane Doe as an aggressor at the party. She was pouring shots for everyone and then she did a lap dance, though he couldn’t remember who had the lap dance first. Hampton danced with her around the pool, something he called, “romantic”. He described having sex with her on the cabana. He insisted sex was consensual at her house but he didn’t remember the order, who went first. He disputed Jane Doe’s assertion that she had vomit on the floor. If she had, he testified, he never would have had sex with her. “That’s heartless.”
Ryan Allen took the stand after lunch. He repeated the Ecstasy assertion, that Jane Doe asked for it upon entering the party and this surprised him. He added more detail about the masseuse Kendra being dissed by Rose. He said Rose was in the bedroom watching the Fresh Prince of Bel-Air when Kendra appeared in bra and panties. Rose testified he wasn’t interested. He had said “she wasn’t my type.”
Allen testified that he asked her to leave and that Kendra wasn’t happy. Allen had a bad feeling about her. He was afraid of false accusations of rape. “People make things up. He’s a celebrity. He has money.”
He repeated the claim of Hampton that he too got a lap dance from Doe. Before Jane Doe left for home, he had sex with her. Allen testified she was not drunk when she left Rose’s house but he admitted that when Doe didn’t answer her phone at 2 am, she may have been asleep. He called her one last time and she opened the door to let the three of them in. He testified that Jane Doe was “aware” of everything that happened between her and the three men.
Allen thought it “sad” that Derrick Rose has to worry about a used condom and women trying to impregnate themselves but he admitted that Rose joked about it frequently. Allen disputed Doe’s testimony that she never met him. He had given her $500.00 from Rose to go shopping in Chicago.
Earlier in the day, news broke that the LAPD lead detective investigating Derrick Rose for rape committed suicide. She shot herself in the chest. Both sides claimed Nadine Hernandez was an asset to their case. The plaintiff said Det. Hernandez believed there was a crime committed. The defense said she told them there wasn’t any evidence pointing to a crime and gave them text messages that put the accusers credibility in doubt. Regardless, her death put a sobering touch on the trial proceedings early on. Until it got salacious and mired in sex details, drugs and lies.
Tomorrow: Ryan Allen finishes, a pre-trial hearing about whether Jane Doe’s roommate can testify she was told about the rape days after it happened, and masseuse Kendra.
photo via llananba