'Is She Going To Cry All Afternoon?' Lawyer Asks Alleged Rape Victim

by
Sameera Ehteram
Derrick Rose's defense lawyer slams the distraught alleged rape victim as she testifies in court.

NBA player Derrick Rose and his two friends are accused of raping a 30-year-old woman, and as Jane Doe  testified in court against Rose, his attorney kept attempting to discredit her account.

The woman told jurors in the federal trial that she passed out after a night of drinking with Rose and the others in August 2013 and waking up to find the three men in her bedroom raping her.

She believed the men had drugged her earlier in the evening. However, she could remember only snippets of what occurred. But she knew for sure she did not want to have sex with the three men and had given them no reason to think otherwise.

There is, however, no physical evidence to support her claim of rape.

The nearly five hours of testimony was ragged with emotions — there were times when it was even hard to make out what she was saying.

Rose, on the other hand, sauntered in the court 90 minutes after the day’s start, after having skipped the first day of trial with the permission of the judge to play in a preseason game.

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28-year-old Rose and his friends Randall Hampton and Ryan Allen have denied the accusations.

They claim the woman, who had been in a relationship with Rose for a few years at the time of the encounter, was a willing participant.

Gabriela Chavez , a friend of Jane Doe, also claims she is lying for money.

Here's what she apparently told Daniel Werly of The White Bronco:

“We had a lot of fun in Las Vegas. During the trip to Vegas, the plaintiff told me that she had not heard from Derrick Rose for a while, and she had recently had sex with Derrick and two of his friends — Randall and Allen. She told me she had sex with all three of them, and that she was upset that Derrick was OK with it. At no time did she ever state or claim that Derrick Rose (or his friends) had raped her or done anything non-consensual. Just the opposite: She informed me in her own words that she had partied with them and been with all of them, but all indications were that it was consensual.”

“I bluntly asked her if she was raped. She said ‘no’ but that she did sleep with all three men. A month or so later, she told me she was going to sue and that she expected an out-of-court settlement.”

Werly, however, writes that the impact of this statement could be minimized if Doe testifies she was uncomfortable sharing the truth with her friend.

During cross-examination, Rose's lawyer Mark Baute kept pushing Doe to talk about the lies she told Rose.  He pointed out that while she says she was very drunk, the text messages she sent show her using proper punctuation. “You’re writing sentences,” he said.

He asked her if she ever said “No” or “Stop” or “I don’t consent” or “Leave” or “Get out.”

She kept saying, “I don’t recall,” eventually breaking down.

Baute then went over the things she did not do, like going to the police immediately, have a rape kit performed or get tested for STDs or pregnancy.

During one break, with the jury out of the room, defense lawyer Michael Monico asked the judge, “Is she going to cry all afternoon?” Judge Michael W. Fitzgerald responded, “I’m not going to order a witness not to cry, any more than order her not to breathe.”

Rose attorney Mark Baute came into conflict with Fitzgerald during cross examination as well, because he kept interrupting Doe’s answers.

At one point, the judge even lashed out. “Stop it! Are you incapable of letting the witness answer?”

It's amazing, though not surprising, to see the behavior of the accused as well as his lawyer.

The trial is still ongoing. 

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