Judge refuses to declare mistrial in Derrick Rose rape case

DOWNTOWN LOS ANGELES (KABC) -- A judge has refused to declare a mistrial or dismiss the rape lawsuit against NBA star Derrick Rose and two of his friends.

Attorneys for Rose, who was in court Wednesday morning, asked U.S. District Court Judge Michael W. Fitzgerald to dismiss the suit or declare a mistrial, arguing that the accuser's attorneys withheld three text messages helpful to the defense.

Fitzgerald said while the woman's lawyers failed to follow their legal obligation to share the texts, the lapse wasn't big enough to toss out the case.

The accuser, an ex-girlfriend of Rose, is suing the NBA star for $21.5 million.

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The 30-year-old woman claims Rose and two of his friends raped her at her apartment in August 2013 while she was incapacitated from drinking and, possibly, drugs.

Rose testified in court that the woman invited the three men to her bedroom and he assumed consent.

The judge's decision came the day after Rose testified that he had a hunch the woman was going to claim the men raped her when he received a suspicious text later the same day.

The texts described burns the woman claimed she got on her hands from a fire pit outside his Beverly Hills house and said she had been "wasted" the night before. Rose said he never witnessed any burns the night before and that she seemed sober.

"It looked like a setup," Rose said. "It turned out to be what I thought."

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When attorney Waukeen McCoy began to ask Rose a question by saying that since his mother had taught him manners, Rose snapped back in a rare display of emotion during an otherwise unflappable matter-of-fact testimony.

"Was that a joke?" he said. "Don't be playing on my mom like that, bro."

The central issue in the trial is consent and a lawyer for the woman spent much of his time trying to show that she never agreed to have sex with Rose in the early morning hours of Aug. 27, 2013, not to mention his two friends.

Attorneys for the woman showed video taken of Rose in June testifying at his deposition in which he said he didn't understand the word consent.

When asked by his own lawyer, he said he was nervous at the deposition and he defined consent as both parties being in agreement. He said the woman had consented all the previous times they had sex over an 18-20 month period.

The Associated Press contributed to this report.