The judge could have dismissed the case or declared a mistrial after the accuser and her attorneys failed to hand over texts that could have helped clear Rose and his friends.
Instead the judge has allowed the trial to continue, but decided to punish the accuser in this way.
Judge Michael Fitzgerald chided the plaintiff Wednesday for failing in “her legal obligation to respond fully to the lawful discovery demands.”
But the judge ruled that the oversight wasn’t a reason to end the trial.
The announcement wasn’t a total victory for the 30-year-old woman who had dated Rose off and on for two years.
Fitzgerald said he will instruct the jury that the accuser’s team failed to hand over the full set of texts in the proper timeframe.
Rose’s lawyer will also get the opportunity to grill the woman, who has already endured several hours of brutal cross-examination, about the texts.
“These texts could be viewed by the jury as being helpful to the defense,” Fitzgerald said. “They are at minimum consistent with the defense’s theory of this action.”
So, the jury will know that the accuser purposefully tried to deceive them and hide evidence from them.
Beyond an outright dismissal that is the best the defense could hope for. The texts stated the accuser wonder why Rose wouldn’t have sex with her friend who she brought over and her asking him for money after the alleged rape.
Flip the pages for texts from the accuser talking about what she planned to do with the money if D Rose settled the case…