Derrick Rose's attorney wants sexual assault lawsuit thrown out

ByNICK FRIEDELL
September 30, 2015, 12:17 AM

— -- The attorney for Chicago Bulls point guard Derrick Rose denied an accuser's claim that she was sexually assaulted and is asking for the civil complaint brought against Rose and two of his close friends to be thrown out, according to court documents filed Thursday in Los Angeles.

The filing, which TMZ initially reported Tuesday, sheds new light on some of the details of the case, which was originally filed by the accuser on Aug. 26. Rose, through his lawyer, asserts in the new documents that the accuser is upset in part because she was not reimbursed for a sex toy.

"I will be proven innocent," Rose said Monday. "But at the same time, [the suit] hasn't affected anything. It's not true. I take it as motivation. I feel like the devil's just working. I feel like I'm on the right track as far as where I want to be at in my life and the direction I want to go. And I just feel like when you're that focused, people try to take you down, so I'm very confident that I will be proven innocent."

In the original civil complaint, Rose and his two friends are accused of gang raping the woman identified as Jane Doe and breaking into her residence in August 2013. In the new documents, Rose's lawyer asserts that the sexual contact was consensual, that the accuser exchanged friendly text messages with the men after the incident, and that the accuser buzzed Rose and his friends into her complex. Rose's lawyer also is seeking for all legal fees to be paid back.

Rose's filing also says the woman became upset with Rose for not being responsive enough to her text messages, according to the court document.

Rose's attorney also is accusing three of the plaintiff's lawyers of making "extortionate and unprofessional demands" for payments by the point guard to the woman. Mark D. Baute made the allegation in a declaration in support of moving the suit to federal court.

The case has been transferred to U.S. District Court, and a scheduling conference is set for Nov. 9.

The latest revelations in the court case come on the same day it was announced that Rose suffered a left orbital fracture in practice and will have to undergo surgery Wednesday.

Information from The Associated Press was used in this report.