Judge denies Derrick Rose’s motion to dismiss sexual assault case
Rose’s trial is scheduled to begin Oct. 4 in Los Angeles, a date that will likely conflict with Knicks training camp.
“There can be no doubt that genuine disputes exist as to almost every material fact in this action,” Judge Michael W. Fitzgerald wrote in court documents obtained by ESPN and sports law site The White Bronco. The judge says it remains unclear if Rose’s accuser consented to sex in August 2013.
From the document:
The Motion is DENIED. The record presents a genuine dispute of material fact as to the central issue in this action: whether Plaintiff consented to sexual intercourse with Defendants in early morning of August 27, 2013. Because the jury and not the Court must resolve this central issue, summary judgment is improper.
The original civil complaint accused Rose and two of his friends of rape, saying they broke into her Beverly Hills home and drugged her. Rose has denied the allegations and said he is confident he will be proven innocent.