Judge refuses to declare mistrial in Derrick Rose case

LOS ANGELES - A judge has refused to declare a mistrial or dismiss the rape lawsuit against NBA star Derrick Rose and two of his friends.

Los Angeles U.S. District Court Judge Michael W. Fitzgerald made the ruling Wednesday after Rose's lawyers argued that the accuser's legal team withheld three text messages helpful to their case.

Fitzgerald says the accuser's legal team had failed in their obligation to share material with the defense.

But the judge says the lapse doesn't rise to the level requiring dismissal of the case or mistrial.

He says he will instruct jurors that the texts were disclosed recently and allow defense lawyers to question the accuser about the messages.

The woman's lawyers say the texts were shared with the defense, but they couldn't prove that.