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Attorneys for Doe, on the other hand, want jurors who are likely to believe that Rose is dishonest and a rapist.
• Rose on trial: “I will be proven innocent” | Phil Jackson discusses Rose’s case After the jury is selected, the trial will begin in earnest.
A prospective juror who is aware of Rose’s background or this case will not be immediately disqualified.
The attorneys also will have a limited number of “peremptory challenges,” where they can ask judge Fitzgerald to remove a prospective juror without providing an explanation. These consultants supply expertise on how prospective jurors from different backgrounds tend to view the relevant legal and factual issues.
Obviously, Rose’s attorneys want jurors who are likely to be skeptical of the allegations against him and who might be inclined to favor Rose because he’s a celebrity and an NBA star.
Judge Fitzgerald will dismiss any prospective jurors who fall into this category.
In most cases, the jurors do not know anything about the parties or the facts.
The witnesses will answer questions on direct examination by Doe’s attorney and then face cross-examination by attorneys for Rose.
After Doe’s case has been presented, Rose’s attorney will likely make a motion for a directed verdict and argue that Doe has failed to establish by a preponderance of evidence that Rose is liable.
If Rose loses, it would mean that the jury found it “more probable than not” that he committed civil harm and is liable to Doe.
The jury would then determine an appropriate amount of money that Rose owes Doe, and judge Fitzgerald would impose a civil order requiring Rose to pay it.
Further, under California law, there is a six-year statute of limitations for charging a defendant with rape.