It’s Up to the Jury Now

The Derrick Rose gang rape trial has been given to the jury of six women and two men. Deliberations will begin tomorrow. The verdict must be unanimous.

It was a fast paced court day as Judge Fitzgerald wanted to wrap the case up. Jane Doe’s legal team unsuccessfully tried to block a former co-worker’s deposition testimony. The defense introduced video testiomony from Keyana LaVergne who recalled the morning after the rape. “She [Jane Doe] didn’t seem battered. She didn’t seem off. She was at work behaving normally. ” LaVergne testified that Doe had her look at pictures of herself in a sex harness she bought for Rose. “I could not figure out what exactly a sex belt was so she explained to me…Not one time did “rape” come out of her mouth.” LaVergne also talked about Jane Doe’s finances, that she “needed money.” Jane Doe texted her former co-worker about what would solve her problems. “I need a very wealthy good man.” LaVergne also said that Jane Doe told her she drank a lot that night and she wasn’t sure what happened. And that Jane Doe leaked her testimony to TMZ in 2015.

The judge struck down the Friday testimony of Jane Doe’s roommate Marcela Carleo in which she talked about condoms and a bloody blanket. It was heresay testimony because she never saw either and Jane Doe never told her about it until a week after the alleged assault.

When she took the stand again Jane Doe testified she never consented to group sex with Rose before the alleged rape. “Did you ever have group sex with Mr. Rose prior to August 26, 2013?”


However, on cross examination she admitted she was upset with Rose because he broke up with her by text before the alleged rape. She also said she stopped drinking at 11 p.m. which puts in doubt that she was fully intoxicated at 3:00 am. Also she testified she had no memory recall of the more than 20 texts that went back and forth between her and the defendants.  She referred back to her “blackout” reasoning.

Jane’s Doe’s therapist, Dr. Elena Konstat testified the accuser suffers from PTSD. She has a “scar in the mind. It’s not possible to erase the scar.” Dr. Konstat said Jane Doe has anxiety, depression, flashbacks, nervousness, twitching, chest pains, panic attacks.”  She explained rape victims were similar to domestic violence victims in that they don’t want to come forward because they don’t want someone they know to go to jail.

Mark Baute, Rose’s attorney, asked: does she [Jane Doe]  have panic attacks because “she was trying to prosecute a fake lawsuit with the nation watching.” Dr. Konstat said she didn’t understand the question.

The closing arguments were pretty standard fare for a rape trial when black defendants are being accused. The plaintiff tried to use the race card and paint Derrick Rose, Ryan Allen and Randall Hampton as thugs. He called them “sexual deviants.” He used metaphoric language, calling the assault a “train of rape. He instructed the jury that the three defendants gave different testimony on what happened that night which in his eyes was an admission of guilt. He said their story was fabricated to cover up it was not consensual sex. The only problem with his line of reasoning was if they concocted the story, then their stories would all be the same.

Waukeen McCoy, Doe’s attorney, asked the jury to not treat Rose as a celebrity but a “normal” person.

Rose’s attorney, Mark Baute called the plaintiff a “liar” and not a “real rape victim.” He repeated his consistent claims that this was about money. And he asked the jury to look behind the racial aesthetics of this case, three black defendants, one Mexican-American plaintiff.

Deliberations begin tomorrow.


photo via llananba