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A federal judge in Los Angeles is expected on Tuesday to consider a request for a mistrial in the civil court case accusing NBA star Derrick Rose and two friends of raping the basketball player’s former girlfriend in 2013.

Derrick Rose of the New York Knicks takes the basketball up the court during their game against the Houston Rockets at the Toyota Center on Oct. 4, 2016, in Houston, Texas. (Credit: Scott Halleran/Getty Images)
Derrick Rose of the New York Knicks takes the basketball up the court during their game against the Houston Rockets at the Toyota Center on Oct. 4, 2016, in Houston, Texas. (Credit: Scott Halleran/Getty Images)

Rose’s attorney asked for the mistrial last week, alleging that the plaintiff’s side withheld from the defense a text message the woman allegedly sent to Rose that bolstered the men’s account of what occurred.

U.S. District Judge Michael W. Fitzgerald refused to declare a mistrial on Friday but said he would take up the issue Tuesday morning before the trial resumed.

Text messages exchanged in the run-up and aftermath of the 2013 incident have proved to be critical evidence in the case. Each side has tried to use the exchanges selectively as proof of their account.

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