Now that Derrick Rose has been cleared by a jury in the gang rape trial versus he and co-defendants Ryan Hampton, and Ryan Allen, the ongoing criminal investigation will probably come to an end without any charges being filed.
An eight-member jury of six women and two men took three hours and forty-five minutes to deliberate and reach a verdict in a Los Angeles courtroom.
Rose, Hampton, and Allen were accused of breaking into the apartment of a 30-year old woman and gang raping her August 27, 2013.
The accuser was on her third lawyer by the time the case made its way to trial, and had not attempted to press criminal charges prior to a criminal investigation over three years after the alleged incident.
There is higher standard of proof in the criminal context than the civil one.
In the criminal context, the standard of proof is “reasonable doubt” while civil is “preponderance of the evidence.” The civil standard is a “more likely than not” standard.
Because there is no physical evidence, what remains would be Doe’s words versus Rose and fellow defendants.
Doe’s case also consisted of testimony by ex-associates questioning her motives for bringing suit as well as text messages her legal team attempted to keep out of trial that could have been viewed as supporting Rose’s case.
Because there is no physical evidence and Jane Doe’s credibility could be deemed as questionable, it would be difficult to overcome such a high hurdle in the criminal context to convict Rose.
Rose’s accuser could appeal the verdict on various grounds. However, with a preliminary civil context closing the door on Doe, it would not be surprising if the criminal investigation soon concludes with no further actions taken.
Whether the National Basketball Association or New York Knicks decide to discipline Rose may be another matter. The NBA does not need a verdict against Rose to punish him.
It is wholly plausible the NBA will wait for an outcome of the criminal investigation to conclude and/or any appeals to exhaust civilly before making a final decision on discipline.
A drawn out criminal proceeding would have complicated matters for the league and Rose.
Now that Rose has won in his civil trial, a resolution in the criminal context and on the basketball court will come much sooner.
Exavier B. Pope I, Esq. is an award-winning attorney, on-air legal analyst, media personality, Fortune 500 speaker, content creator, writer, tastemaker, thought leader, and RYT studio certified yoga teacher. Mr. Pope is the host of #SuitUP Podcast for his production company 528 Media Group, and host of the Radical Inspiration Podcast. Mr. Pope has over 200+ appearances on air, including international television on BBC and Al Jazeera English; national television on Fox News Channel, HLN, NBC Nightly News, Al Jazeera America, WGN Morning News, Fox Business Channel, and Huff Post Live; Top 3 Local Media Markets on Fox, CBS, and NBC; international radio on BBC Radio; national radio on ESPN Radio, Clear Channel Radio, NBC Sports Radio, CBS Sports Radio; written and contributed digitally to The Hollywood Reporter, CNBC, Huffington Post, Jet, and Black Enterprise; and has appeared in other media outlets nationally and internationally. Mr. Pope is represented by top media and literary agency RLR Associates.
© 2016, Exavier B. Pope I, Esq., 528 Media Group.
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