(SL) – Derrick Rose’s attorney is asking for a mistrial in his civil rape case after unrevealed text messages paint a different picture of accuser and details of the alleged rape night.
The NBA Superstar gave his testimony in court Friday and detailed how the morning of the encounter his ex sent him a text message saying he was the reason she wakes up horny in the morning. She included a picture of herself in a nightshirt and continued with other texts about sex throughout the day.
Rose, 28, hadn’t seen the 30-year old woman for a few months because he had broken up with her. But, later that night, the woman and her friend went to Rose’s mansion with a Munkey Barz Sex Belt in tow. The former Chicago Bulls turned New York Knicks standout says when the woman arrived she started acting strange after a few shots of tequila and became sexually aggressive. Rose testified that he was turned off and retreated to his bedroom where he rebuffed further advances until a friend removed her from the room.
About 20 minutes later, he said he walked outside and saw Randall Hampton having sex with her by the side of the pool. She pulled Rose over and started to perform oral sex on him while Hampton was having sex with her from behind but Rose broke away and returned to his room.
His description of the incident differed dramatically from the woman’s testimony, which lasted a day and a half in Los Angeles federal court.
The accuser denies having sex earlier in the evening at Rose’s Beverly Hills mansion, though her testimony was clouded by her claims that she blacked out and could only piece together the evening through short “flashes” of memory and by reviewing a flurry of text messages she apparently was able to send despite being drunk and, possibly, drugged.
The woman and her friend eventually leave in a cab and Rose tries to make plans with her to comeback to his place but she insisted that he come pick her up with the companion he sent to bring her back. At that point, Rose, Hampton and Ryan Allen go to her house.
Rose said the only time the woman said, “Stop” was after she let them in her apartment and they all headed for the bedroom together.
“She told us, ‘One at a time,'” he said. He and Hampton waited on the sofa while Allen was inside.
The woman testified she never let the men in her place and remembers waking to see them all in her bedroom. She recalled Allen on top of her at one point and, at another, Rose pulling her to the side of the bed as she tried to roll off.
The next day the woman started texting rose about repayment for the $269 sex belt that she left at his house and cab fare from the night before. Rose’s attorney says the trial is clearly about money. Even though the accuser denies it being about money she is suing him for $21.5 million dollars and other text message show her telling a friend that they need to find a wealthy man and she reportedly told her roommate that since she has filed suit they would be returning their TV and upgrading to a Plasma.
Rose’s attorney is asking for a mistrial. The judge said he would take the issue up Tuesday morning before the Knicks point guard is scheduled to resume testimony. The judge ordered Rose to return to the stand even if it means missing a preseason game the night before in New York.
Consent is the main issue for the jury of six women and two men. The men, all friends since adolescence in Chicago, have denied the allegations and said the woman consented. Rose said the woman was acting a bit abnormally, but he didn’t think she was drunk.
Rose said he once had feelings for the woman and thought they had a bond.