Will There Be a Mistrial?

The second day of testimony in the gang rape trial of which Derrick Rose is a defendant ended in drama. Mark Baute, Derrick Rose’s attorney, said, “We move for a mistrial now.” The judge is expected to rule on the motion on Tuesday when court adjourns after the Columbus Day holiday. At issue is a text message. Text messages have dominated the evidence in this trial, a sign of the times considering the ages of all four parties. In this text message what was submitted to the court was not the full text; the time of 1:36 a.m. was deleted. The time is crucial because the text message was sent a few hours before the alleged assault. The text was sent by Jane Doe to Rose in which she was angry at Rose’s behavior towards her friend, a masseuse, who she brought to the party at Rose’s Beverly Hills house. In short, Jane Doe was upset Rose didn’t engage sexually with her friend when that was the purpose of bringing her to the party. (The friend is slated to testify on Jane Doe’s behalf.) That particular text is relevant because Jane Doe repeatedly claims she had blacked out at the party. The day before, she testified she had never arranged sex with other women for Rose.

“We have an ongoing concern the plaintiff has manipulated and omitted critical probative texts.”

The omission, according to the Rose legal team, was deliberate. Jane Doe didn’t want the court to know a few hours before the assault she was lucid enough to be upset at Rose for an agreement that was not adhered to and she sent him a text. The “blackout” was  a fabrication. She remembered everything quite clearly and wasn’t happy at her friend being dissed. The manipulation puts her credibility at stake and harms the merits of the case. That is what Baute wants the court to believe.

Even if the judge denies Baute’s request of a mistrial, Rose’s legal team was effective in their mission to puncture the image of Jane Doe as innocent victim. Earlier, Doe lowered her head when asked by her attorney if she had ever been sexually active with three men at one time. She said no.

Under cross, she was effectively portrayed as a gold digger. She was reminded of a text she sent Rose the morning after the assault. The first thing she asked about was money. “I’m hungover, didn’t make it to work and kendra is blowing my phone up u never payed me back or even payed for Kendras taxi.” That text was at 7:49 a.m., hours after she claimed she was gang raped around 4:00 a.m by Rose and his co-defendants. In another text, she gave Rose her Bank of America info so he could deposit money into her account which he did. No testimony has been introduced that she ever texted Rose, ” motherf____ you raped me.”

Another text was revealed that she told her roommate their lifestyle would change because she filed the case against Rose. “Since we finally filed against derrick we will be returning that tv and we’ll get a plasma tv.”

She testified that she was fired from two jobs and lost her apartment. Her unemployment insurance ran out. And she didn’t recall a text where she said she needed, “a very wealthy good man.”

Waukeen McCoy, Jane Doe’s attorney, asked her again did she consent to have sex with three men? She said no.

Rose took the stand and testified that Jane Doe had sex with him and one of his co-defendants at Rose’s party. Rose’s recall of events was that Jane Doe was the initiator. Jane Doe disputed this. She said her understanding of a blackout means you can’t have sex, sex has to be mutual. She reiterated her claims of how she blacked out at the party.

Rose admitted he lied twice in the deposition. It was a lie when he said he didn’t discuss with his friends having a threesome. And he lied when he said that one of the co-defendants, Randall Hampton, organized his daily schedule.

However, Rose did say he was sensitive to the gravity of the charge of rape but, “I didn’t do anything wrong.” He also interpreted a text from the accuser the morning of the alleged assault in which she said she was horny to mean that she wanted to have sex.

The way Rose interpreted it, that was consent. “She consented every time we had sex so why wouldn’t she that one time?”

 

photo via llananba