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October 6, 2016 6:02 PM EDT

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.

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, 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. The Los Angeles Police Department is investigating the woman’s claims, 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.

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“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. 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. A lawyer for Rose said the woman’s lawsuit a “sad effort to get a lottery hit,” the Times 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. 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]

Write to Samantha Cooney at

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