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re: Madison Brooks case cell phone data now in defense’s hands
Posted on 1/8/24 at 7:01 pm to teke184
Posted on 1/8/24 at 7:01 pm to teke184
The only way I see a conviction is if the State can get one or two of the three to turn on the most egregious actor.
Sounds like she was very intoxicated but it will all turn on what they reasonably could have known based on her actions. If she was acting in any manner that could have indicated consent, it will be hard to prove sexual assault become a reasonable doubt. The three could testify to her supposed willingness through her actions, and there’s no contradictory evidence (unless her friends could testify that she was basically carried out of Reggie’s).
Also remember much of the whole story that’s in the papers will be suppressed at trial, and the judge will only allow in what’s relevant for the charges, the alleged rape inside the vehicle. The State will have a hard time admitting anything that happened after.
Couple this with no testifying victim and it is a tough case without one of the three testifying against the defendant.
Sounds like she was very intoxicated but it will all turn on what they reasonably could have known based on her actions. If she was acting in any manner that could have indicated consent, it will be hard to prove sexual assault become a reasonable doubt. The three could testify to her supposed willingness through her actions, and there’s no contradictory evidence (unless her friends could testify that she was basically carried out of Reggie’s).
Also remember much of the whole story that’s in the papers will be suppressed at trial, and the judge will only allow in what’s relevant for the charges, the alleged rape inside the vehicle. The State will have a hard time admitting anything that happened after.
Couple this with no testifying victim and it is a tough case without one of the three testifying against the defendant.
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