Rose found not liable: Update pg. 62

[JXL]

This case has gone off the rails. 0 leverage for Doe and her lawyers, no physical evidence, misled information...

At this point they should just call off the 2nd trial.

[trophywinner]

No re-trial will be necessary, since it seems she will lose.

true, she will/would lose. but, would rose want to let this go into the reg season and have to miss a week's worth of games? she can put rose in a position where he'd probably prefer to just settle even though he's innocent. rose would have all the leverage in settlement talks too

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this is very likely going to be a mistrial imo. doe's lawyers cannot provide proof they handed over those missing texts. not good for them. judge wants proof

[Drun53]

No re-trial will be necessary, since it seems she will lose.

true, she will/would lose. but, would rose want to let this go into the reg season and have to miss a week's worth of games? she can put rose in a position where he'd probably prefer to just settle even though he's innocent. rose would have all the leverage in settlement talks too

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this is very likely going to be a mistrial imo. doe's lawyers cannot provide proof they handed over those missing texts. not good for them. judge wants proof

BUT, he would be able to settle with the court of public opinion on his side. I think that's important.

[JXL]

No re-trial will be necessary, since it seems she will lose.

true, she will/would lose. but, would rose want to let this go into the reg season and have to miss a week's worth of games? she can put rose in a position where he'd probably prefer to just settle even though he's innocent. rose would have all the leverage in settlement talks too

I don't think Rose wants this to drag into the season, but seeing how far he has come to burying her and this fiasco, I would think he would want Doe to consider throwing out the case outright so to stifle the embarrassment she would go through if she continues.

Besides, the proof is already out, she has 0 leverage, why would she want to put Rose in a win-win?

[shtolky]

I feel like I'm missing something here. Why would they refile the case if it is dismissed? Because their lawyers goofed and they feel they can win it next time? It doesn't sound like there'd be any basis to expect a winning outcome if they filed again.

If there is a mistrial, it basically just means the case is declared void before a jury can reach a decision (in this case). Plaintiff could re-try and case and do this all over again. If she really feels like she can win, or she is just out to absolutely make Rose's life hell, she can re-file the case. Rose could file for summary judgment after the granting of a mistrial which basically argues that there are no factual issues to be tried anymore and then the case would be ruled in Rose's favor. Interesting to see what happens. If a mistrial is granted, she could give up, she could go full steam ahead, who knows.

Well, considering she has no money to put lawyers on retainer and she has some bumbling mutt on this case probably working for free and a cut of the proceeds, how would she even be able to solicit the participation of a competent attorney for a retrial? If her current one is a real estate lawyer out of their depth, then it would seem unlikely she can convince anyone competent to take it on a second time when the evidence already is tenuous at best and makes her look likely to be shady. No reputable attorney would want to touch this is my read on the situation. That's why, aside from the procedural aspect of it (thanks for the reply on that), I was wondering why anyone would even think this would come back to trial? Doesn't seem plausible to me

You certainly make very good points, but I wouldn't underestimate the desire of any lawyer to want the publicity of this case. One of her lawyers as you mentioned specialized in real estate, and I believe another has had many disciplinary actions rendered against him in California. There is always a lawyer out there looking for any sort of contingent fee or what not, but it does seem like she is hanging on for dear life with this case. She might feel like she has nothing to lose. She might be a horrible person who is desperate for a payday and might feel Rose would relent so that he doesn't have to miss games this year. However, the fact that Rose's side is pushing for a mistrial, they might feel they can end this once and for all before the season begins.

[CJackson]

If there is a mistrial, it basically just means the case is declared void before a jury can reach a decision (in this case). Plaintiff could re-try and case and do this all over again. If she really feels like she can win, or she is just out to absolutely make Rose's life hell, she can re-file the case. Rose could file for summary judgment after the granting of a mistrial which basically argues that there are no factual issues to be tried anymore and then the case would be ruled in Rose's favor. Interesting to see what happens. If a mistrial is granted, she could give up, she could go full steam ahead, who knows.

Well, considering she has no money to put lawyers on retainer and she has some bumbling mutt on this case probably working for free and a cut of the proceeds, how would she even be able to solicit the participation of a competent attorney for a retrial? If her current one is a real estate lawyer out of their depth, then it would seem unlikely she can convince anyone competent to take it on a second time when the evidence already is tenuous at best and makes her look likely to be shady. No reputable attorney would want to touch this is my read on the situation. That's why, aside from the procedural aspect of it (thanks for the reply on that), I was wondering why anyone would even think this would come back to trial? Doesn't seem plausible to me

You certainly make very good points, but I wouldn't underestimate the desire of any lawyer to want the publicity of this case. One of her lawyers as you mentioned specialized in real estate, and I believe another has had many disciplinary actions rendered against him in California. There is always a lawyer out there looking for any sort of contingent fee or what not, but it does seem like she is hanging on for dear life with this case. She might feel like she has nothing to lose. She might be a horrible person who is desperate for a payday and might feel Rose would relent so that he doesn't have to miss games this year. However, the fact that Rose's side is pushing for a mistrial, they might feel they can end this once and for all before the season begins.

Again, I doubt any lawyer would take up her case for retrial since the odds of getting paid look remote. I don't feel that would be a case of good notoriety for any attorney because they'd be trying to get well known on the basis of going after someone who would largely be perceived as innocent. So notoriety plus a payday may attract some bottom feeders, but without the money quotient I don't see how this would be a case to make your name on.

[Amsterdam]

No re-trial will be necessary, since it seems she will lose.

true, she will/would lose. but, would rose want to let this go into the reg season and have to miss a week's worth of games? she can put rose in a position where he'd probably prefer to just settle even though he's innocent. rose would have all the leverage in settlement talks too

I don't think Rose wants this to drag into the season, but seeing how far he has come to burying her and this fiasco, I would think he would want Doe to consider throwing out the case outright so to stifle the embarrassment she would go through if she continues.

Besides, the proof is already out, she has 0 leverage, why would she want to put Rose in a win-win?

Why would Rose settle at all. It'll be used by the twisted media as proof of guilt somehow. Go all the way.

[CJackson]

true, she will/would lose. but, would rose want to let this go into the reg season and have to miss a week's worth of games? she can put rose in a position where he'd probably prefer to just settle even though he's innocent. rose would have all the leverage in settlement talks too

I don't think Rose wants this to drag into the season, but seeing how far he has come to burying her and this fiasco, I would think he would want Doe to consider throwing out the case outright so to stifle the embarrassment she would go through if she continues.

Besides, the proof is already out, she has 0 leverage, why would she want to put Rose in a win-win?

Why would Rose settle at all. It'll be used by the twisted media as proof of guilt somehow. Go all the way.

Rose is not settling. They would have done so already. They are going for the win and to clear his name. Being a dirty monkey is not the same as being someone accused of rape who settled out of court.

[GONYK]

I don't think Rose wants this to drag into the season, but seeing how far he has come to burying her and this fiasco, I would think he would want Doe to consider throwing out the case outright so to stifle the embarrassment she would go through if she continues.

Besides, the proof is already out, she has 0 leverage, why would she want to put Rose in a win-win?

Why would Rose settle at all. It'll be used by the twisted media as proof of guilt somehow. Go all the way.

Rose is not settling. They would have done so already. They are going for the win and to clear his name. Being a dirty monkey is not the same as being someone accused of rape who settled out of court.

He already openly stated that he's not settling, I believe

[trophywinner]

He already openly stated that he's not settling, I believe

he also said that at a time when there was no threat he'd miss regular season games.

kinda common sense & it'd only further rose's credibility if nba confirmed this was a part of rookie orientation.

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stays true to form, even a closer in the bedroom

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lol

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[JXL]

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Probably 15 minutes.

[CJackson]

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Probably 15 minutes.

Is this the part where Lionel Ritchie bursts into the courtroom in MTV mode?

[trophywinner]

always been candid as hell, rose leaving nothing to the imagination

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[JXL]

always been candid as hell, rose leaving nothing to the imagination

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Bruh.

Hard enough to enjoy porn nowadays.

[Jay10]

No re-trial will be necessary, since it seems she will lose.

true, she will/would lose. but, would rose want to let this go into the reg season and have to miss a week's worth of games? she can put rose in a position where he'd probably prefer to just settle even though he's innocent. rose would have all the leverage in settlement talks too

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this is very likely going to be a mistrial imo. doe's lawyers cannot provide proof they handed over those missing texts. not good for them. judge wants proof

BUT, he would be able to settle with the court of public opinion on his side. I think that's important.

if Rose gives her one penny, he will be labeled a rapist. Also, his endorsers may view it as him paying her off out of guilt.

Don't forget, Adam Silver can also view Rose as settling as enough proof to suspend him.

[CJackson]

It's shower time!

[jvsimonetti0514]

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For those who are wondering why Rose is pursuing a mistrial.

[trophywinner]

if Rose gives her one penny, he will be labeled a rapist. Also, his endorsers may view it as him paying her off out of guilt.

Don't forget, Adam Silver can also view Rose as settling as enough proof to suspend him.

reality is, he's already been labeled a rapist by some, long before the trial even began..thinkprogress made sure of that. anyone who has followed the case closely knows there's nothing on rose, certainly not enough to warrant suspending him or for his sponsors to drop him, even on the chance he does settle.

[JXL]

Seriously, this case is a joke, it should be thrown out, not much to go on with this.

[Knickerbock]

If rose is forced to settle.. Because of pressure from coaches, Adam silver, or sponsors...

I would give doe nothing.. Nothing!

And have rose donate money to sexual violence campaigns instead.