Los Angeles U.S. District Court Judge Michael W. Fitzgerald made the ruling Wednesday after Rose’s lawyers argued that the accuser’s legal team withheld three text messages helpful to their case.
Fitzgerald said the accuser’s legal team had failed in their obligation to share material with the defense. But the judge said the lapse doesn’t rise to the level requiring dismissal of the case or mistrial.
He said he will instruct jurors that the texts were disclosed recently and allow defense lawyers to question the accuser about the messages.
The woman’s lawyers said the texts were shared with the defense, but they couldn’t prove that.
The woman, who is seeking $21.5 million in the civil lawsuit, sent Rose a series of suggestive texts, starting with one that said he’s the reason she “wakes up horny,” followed by similar messages throughout the day of Aug. 26, 2013, Rose testified.
He said he took these messages as consent for sex, though none said so explicitly.
Rose said the only time the woman said “no” was when all three men tried to walk into her bedroom at once, and she told them to instead come one at a time.
Rose testified Tuesday that he became suspicious of the woman when she texted later the same day of the alleged early-morning attack to say how inebriated she had been and to describe burns she claimed she got on her hands from a fire pit outside his Beverly Hills house. Rose said he believed she was sober and never witnessed any burns the night before.
“It looked like a setup,” the former MVP said. “It turned out to be what I thought.”
The LAPD said there is an active criminal investigation into the incident. No one has been charged.
(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)