Court of Appeals panel hears argument for retrial in Derrick Rose case

PASADENA, Calif. -- A three-judge United States Court of Appeals panel heard oral arguments Friday to determine if a new civil trial should be granted to a woman who accused Minnesota Timberwolves guard Derrick Rose and two of his friends of rape.

An eight-member jury in a Los Angeles federal court found the men not liable after a nine-day trial in 2016.

"The appeal is entirely frivolous," Mark Baute, an attorney for the defendants, said Friday. "All three men are innocent and it was nice to see a three-judge appellate panel recognize that the charges are baseless."

Before the panel, an attorney for the accuser argued several items introduced into evidence during the original trial should not have been allowed.

The attorney, Brandon Anand, raised the points to make the case for an abuse of discretion by the district court judge, which could serve as grounds for a remand. However, the argument did not appear to be received well by the judges, particularly Hon. Barrington D. Parker Jr.

"The main issue in this case is what happened that night between Doe and the three defendants," Parker told Anand. "And you did a good job of presenting your case that what happened on that evening was nonconsensual, that she was raped.

"The defendants, as I look at the record, had powerful defenses to that presentation, which at the end of the day, the jury bought. You had a nine-day trial and this jury was out in what, 15 minutes? And you lose on every single claim. The jury just didn't buy your case. No trial is perfect, but your evidence concerning the night in question came in and the jury had an opportunity to hear that."

There is not a clear time frame for which to expect a ruling from the court. If the panel denies the appeal, the accuser's side could try and appeal to the Supreme Court. However, it would be highly unlikely to reach that level.

When asked how he thought Friday's proceeding went, Anand said: "Not as well as I would have hope for."

Rose was not in attendance, but the other defendants, Randall Hampton and Ryan Allen, were present, sitting in the first row of the courtroom.