--- title: Derrick Rose Civil Trial: Lawyers Ask Woman to Stop Crying description: Lawyers for basketball player Derrick Rose asked a judge if he could ask the woman who accused Rose of rape to stop crying during her testimony. canonical: https://time.com/4521935/derrick-rose-rape-accuser-crying/ author: Samantha Cooney article:opinion: false article:content_tier: free article:published_time: 2016-10-06T22:02:49.000Z article:modified_time: 2026-04-13T09:03:32.395Z og:title: Woman Cries Testifying Against Derrick Rose. A Defense Lawyer Asked the Judge to Order Her to Stop og:description: Lawyers asked the judge to tell her to stop crying during her testimony og:url: https://time.com/4521935/derrick-rose-rape-accuser-crying/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt186cfc9f22de1291/6988a902cd1bbaa3287029c9/derrick-rose-rape-civil-case.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 og:image:width: 1200 og:image:height: 675 og:image:alt: New York Knicks v Houston Rockets og:type: article twitter:card: summary_large_image twitter:title: Woman Cries Testifying Against Derrick Rose. A Defense Lawyer Asked the Judge to Order Her to Stop twitter:description: Lawyers asked the judge to tell her to stop crying during her testimony twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt186cfc9f22de1291/6988a902cd1bbaa3287029c9/derrick-rose-rape-civil-case.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  # Woman Cries Testifying Against Derrick Rose. A Defense Lawyer Asked the Judge to Order Her to Stop  by [Samantha Cooney](https://time.com/author/samantha-cooney/)  ## Samantha Cooney Oct 6, 2016 10:02 PM UTC  Derrick Rose #25 of the New York Knicks takes the basketball up the court during their game against the Houston Rockets at the Toyota Center on October 4, 2016 in Houston, Texas. Derrick Rose #25 of the New York Knicks takes the basketball up the court during their game against the Houston Rockets at the Toyota Center on October 4, 2016 in Houston, Texas.Scott Halleran—Getty Images  by [Samantha Cooney](https://time.com/author/samantha-cooney/)  ## Samantha Cooney Oct 6, 2016 10:02 PM UTC An attorney asked a judge if the woman who accused Derrick Rose and two others of gang raping her could stop crying during her civil trial testimony on Thursday, [the Associated Press reported](http://bigstory.ap.org/article/8c5b0239acc846ffb2a436fd79e5e3e1/derrick-rose-fights-against-rape-allegation-civil-lawsuit). The woman, who used to date the New York Knicks player, [filed a police report and $21.5 million lawsuit against Rose and his two friends last summer](http://www.nytimes.com/2016/10/06/sports/basketball/derrick-rose-trial-rape-lawsuit.html), alleging that they gang raped her in August 2013 after she had passed out from a night of drinking. Rose and the two men [said the sex was consensual](http://motto.time.com/4504875/derrick-rose-rape-accuser/?iid=sr-link1). The Los Angeles Police Department is [investigating the woman’s claims](http://www.latimes.com/local/lanow/la-me-rose-rape-case-20160926-snap-story.html), but no criminal charges have been filed against Rose or the other two men. On Thursday, the woman testified about the alleged gang rape and began to cry after Rose entered the courtroom late. During a break in the woman’s testimony, defense lawyer Michael Monico, who represents the two other men accused with Rose, said they couldn’t have the woman “crying all day,” according to AP, and asked U.S. District Judge Michael W. Fitzgerald, who is presiding over the case, to order her to stop crying. [_Follow Motto on Facebook_](https://www.facebook.com/mottoworkplaylive/)_._ “I’m not going to order the witness not to cry any more than I’m going to order her not to breathe,” Fitzgerald said, [according to AP.](http://bigstory.ap.org/article/8c5b0239acc846ffb2a436fd79e5e3e1/derrick-rose-fights-against-rape-allegation-civil-lawsuit) But Fitzgerald said the defense was welcome to mock her crying later in the trial, according to AP. The lawyers made opening statements in the case on Wednesday. The woman’s lawyer provided explicit details about the alleged incident and said that her client had suffered from post traumatic stress disorder, [according to the Los Angeles _Times_](http://www.latimes.com/local/lanow/la-me-ln-derrick-rose-rape-lawsuit-trial-20161004-snap-story.html). A lawyer for Rose said the woman’s lawsuit a “sad effort to get a lottery hit,” the [_Times_](http://www.latimes.com/local/lanow/la-me-ln-derrick-rose-rape-lawsuit-trial-20161004-snap-story.html)reported. During opening statements, the woman’s lawyer also raised questions about Rose taking the condom he used with him “like he was never there,” [according to AP.](http://bigstory.ap.org/article/aa707c6b67ce41b7b6fe83ab1ee25e05/rape-trial-involving-knicks-rose-begins-los-angeles) A lawyer for Rose responded that NBA players are told to take condoms with them or flush them down a toilet so women can’t get themselves pregnant. \[[The Associated Press](http://bigstory.ap.org/article/8c5b0239acc846ffb2a436fd79e5e3e1/derrick-rose-fights-against-rape-allegation-civil-lawsuit)\] ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4521935/derrick-rose-rape-accuser-crying/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4521935/derrick-rose-rape-accuser-crying/"},"headline":"Woman Cries Testifying Against Derrick Rose. 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