Derrick Rose Lawsuit Update: Friday, September 23, 2016.

derrick-rose-benchDerrick Rose’s civil sexual assault trial is scheduled to start in just 11 days. There is so much going on – in the case, between the lawyers, in the press – that I am going to start gathering each day’s relevant news in a daily article. Since this is the first edition, I will include all of the news from this week.

If you want to browse through the court documents, I have compiled many of them in PDF form here. I also drafted a comprehensive trial primer that will get you caught up to speed on what each side is arguing, the law, and what evidence supports their claims.

Doe Must Reveal Her Name At Trial

 In a polarizing – if not unexpected decision (the Judge previously wrote that Rose could be prejudiced because “the jury may interpret the Court’s permission for Plaintiff to conceal her identity as a comment on the harm allegedly caused”) – the Judge ruled that Jane Doe must begin to use her real name beginning the first day of trial (10/4).

The Judge balanced two concerns – (1) Doe’s need for anonymity and (2) prejudice to Rose if Doe were to remain anonymous – and found that the prejudice to Rose outweighed Doe’s need for anonymity. Specifically, the Judge found that Rose would be prejudiced because “allowing a plaintiff to proceed under a pseudonym at trial would communicate a subliminal comment on the harm the alleged encounter with the defendant has caused the plaintiff.” In other words, he is worried that the jury will assume that something bad happened because she is being referred to as Jane Doe. Without much explanation, the Judge also noted that the public’s interest in disclosure of Doe’s name outweighs the public’s interest in encouraging victims of sexual assault to pursue their rights in court.

Doe’s attorneys have stated that they will not appeal the decision.

The Judge Threatens Rose And His Legal Team

In the same Order, the Judge threatened to sanction Rose if he “continues to utilize language that shames and blames the victims of rape…” This isn’t the first time that he has scolding Rose’s lawyers. In an earlier order, after Rose argued that Doe should be forced to reveal her identity because she had social media posts that “are sexual in nature,” he wrote that Rose’s “rhetoric has no place in this Court.”

In a separate order released earlier this week, the Judge required Rose’s lead attorney Mark Baute to explain in writing to the court why he shouldn’t be sanctioned $1,000.00 for failing to use Doe’s pseudonym in open court.

Numerous Other Evidentiary Rulings

The parties filed 15 motions seeking to exclude evidence and witnesses (more on that here) and the judge ruled on many of them this week. Here are the highlights:

  • Rose can only use five (he wanted to use 34) photographs depicting Doe partying in Las Vegas weeks after the alleged assault.
  • Rose cannot introduce evidence regarding Doe’s “social relationship” with her attorney Brandon Anand.
  • For now, Rose cannot introduce evidence of Doe’s prior relationships and sexual predispositions. Rose sought to introduce evidence that Doe dated numerous other NBA players and had a tubal pregnancy during her last relationship before she met Rose. The Judge will revisit this issue during the next hearing on September 29th.
  • Rose can call Doe’s former roommate and coworker Keyana Lavergne. Ms. Lavergne recently filed a declaration that she cannot attend trial because she just moved to Miami, but Rose’s team plan on introducing her deposition testimony where she testified that Doe’s lawsuit is financially motivated.
  • Doe cannot introduce evidence that co-defendant Allen called escort services and sex workers.
  • Doe can testify that she felt drugged during the night of August 27, 2013.

The Judge scheduled an additional pretrial hearing for September 29th. Most of the key pretrial issues are settled, but a few evidentiary issues remaining including: whether Doe will be able to call a witness to testify about Rose’s SAT incident and the related NCAA investigation at the University of Memphis; whether Doe will be able to introduce video’s of her alleged PTSD symptoms (including acne); and, whether a few other witnesses will be allowed to testify.

Rose Asks Court To Order Doe And Her Lawyers To Stop Speaking With The Media

Late yesterday Rose’s attorneys asked the court to enter an order prohibiting the parties and their attorneys from speaking to the media until the trial is over. In the past ten days, Doe has given interviews to numerous media outlets and held a conference call with about 15 media members, which led to a number of articles detailing her side of the case.

Rose attorneys argue, “a fair trial is unlikely without such an order in this case” and “Ms. Doe and her lawyers are aggressively seeking to pollute the jury pool with their public comments.” Rose’s motion notes that his team is particularly concerned about the following public declarations by Doe and her attorneys:

screen-shot-2016-09-23-at-10-07-03-am

Expect a quick response from Doe’s attorneys and for the Judge to decide the issue during the September 29th hearing.

Phil Jackson Quotes

New York Knicks President Phil Jackson finally addressed the media on the Rose case and had some interesting remarks:

Quick Hitters

Sometimes WHO retweets something is important (this is Doe’s lawyer):

screen-shot-2016-09-23-at-1-10-41-pm

Co-Defendants Allen and Hampton added another attorney to their legal team today.

More From The White Bronco:

Comments

  1. Jonathan Arias says

    check bullet point 3 under other evidentiary rulings. I think you meant to say “Doe’s prior relationships”

Leave a Reply

Your email address will not be published. Required fields are marked *