Mistrial sought in rape lawsuit against Derrick Rose

LOS ANGELES (AP) — The judge in the trial of a rape lawsuit against NBA star Derrick Rose and two other men said Tuesday that he’s considering a mistrial after criticizing the plaintiff’s lawyers as “unbelievably careless” in production of exhibits.

Rose’s lawyers asked U.S. District Court Judge Michael W. Fitzgerald to declare a mistrial because they had not been given three text messages important to their case until Friday, when Rose was on the witness stand.

The lawyers for the woman who accused the New York Knicks player and two friends of raping her in her apartment in 2013 said the texts were previously disclosed and the argument was frivolous.

Fitzgerald, who used the phrase “unbelievably careless” several times, said it was not a frivolous matter and he told the lawyers to prove the texts had been disclosed.

“You have been very careless with the exhibits,” Fitzgerald said. “I was not happy about it.”

The judge said that if there is a mistrial it would push a new trial into the NBA regular season.

The texts at issue were sent by the woman to Rose. The defense lawyers said they happened to be looking at exhibits handed to them in a binder Friday and noticed texts that hadn’t been disclosed before the trial.

The woman is seeking $21.5 million in the civil lawsuit.