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Madison Brooks case: Defense's new motion
Posted on 10/18/23 at 11:20 am
Posted on 10/18/23 at 11:20 am
quote:
Madison Brooks case: Defense's new motion is 'attempt to circumvent rape shield laws,' lawyer says
quote:
Lawyers defending two of Madison Brooks' alleged rapists want her cellphone as "a way to circumvent rape shield laws to get her sexual history," a lawyer representing Brooks' mom said.
Joe Long, who is representing one of the four suspects — Casen Carver — filed a motion to get Brooks' cellphone data from the 72 hours before the Louisiana State University student was allegedly raped and subsequently fatally struck by a car in Baton Rouge during the overnight hours of Jan. 14-15.
quote:
Long declined to comment to Fox News Digital, citing a gag order, but he told local news outlet WAFB that they have a right to know the origin of Brooks' physical trauma, which a coroner attributed to sexual assault.
The motion was fiercely debated in court, with prosecutors arguing that the defense doesn't have a right to Brooks' phone or sexual history, but the judge ruled last week in Long's favor.
quote:
The district attorney is appealing the decision in an emergency hearing, according to Kerry Miller, a lawyer who is representing Brooks' mom.
In the meantime, the trial judge essentially paused records from being turned over to the defense until Nov. 13 to give the appellate court time to issue a ruling, Miller said Monday.
The East Baton Rouge District Attorney's Office didn't respond to Fox News Digital's request for comment.
LINK to Article
16
Posted on 10/18/23 at 11:24 am to JDPndahizzy
So i guess we can enter into account Mr. Washington's rape history as well.
Posted on 10/18/23 at 11:26 am to Chad504boy
quote:
So i guess we can enter into account Mr. Washington's rape history as well.
Sure. Prosecution is free to do that
Posted on 10/18/23 at 11:35 am to JDPndahizzy
Regardless of what side of this case you're on, it's a pretty brilliant motion by the defense.
Posted on 10/18/23 at 11:36 am to JDPndahizzy
What are they attempting to find on her phone? That she regularly enjoys getting raped and gangbanged by men in a car? Lunacy
Posted on 10/18/23 at 11:37 am to Cosmo
quote:
Prosecution is free to do that
Yup. The 404B motion
Posted on 10/18/23 at 11:38 am to JDPndahizzy
How is her sexual history relevant to them raping a woman too drunk to consent?
Posted on 10/18/23 at 11:40 am to Tshiz
quote:
What are they attempting to find on her phone? That she regularly enjoys getting raped and gangbanged by men in a car? Lunacy
No, but if there is evidence on there that could help exonerate his clients, shouldn't he try to get all the facts/information out?
What if she has texts on her phone that say she wants to go out this weekend and get gangbanged? And I'm not saying that is remotely true, but wouldn't it change things?
It sure as hell helped Trevor Bauer.
quote:
How is her sexual history relevant to them raping a woman too drunk to consent?
That's gonna be the crux IMO. What if there are texts from her in the car telling a friend she's about to frick several dudes?
This post was edited on 10/18/23 at 11:41 am
Posted on 10/18/23 at 11:40 am to Tshiz
quote:
Lunacy
To sane people, absolutely. To a jury of their peers in a BR court, very well likely could work
Posted on 10/18/23 at 11:42 am to Tshiz
quote:If her cell phone record show she likes hard sex it could show the injuries the prosecution is using for rape is not from the defendants.
What are they attempting to find on her phone? That she regularly enjoys getting raped and gangbanged by men in a car? Lunacy
That’s just a guess
Posted on 10/18/23 at 11:42 am to teke184
quote:
How is her sexual history relevant to them raping a woman too drunk to consent?
Trying to pin her injuries during rape to someone else. Recent sexual partners.
Seems valid.
Smart.Posted on 10/18/23 at 11:43 am to CocomoLSU
how about you stop with the what ifs game and stick to what was said.
quote:
want her cellphone as "a way to circumvent rape shield laws to get her sexual history,"
Posted on 10/18/23 at 11:43 am to Tshiz
let me preface this before all the dumbasses think i'm trying to defend the 3 idiots that deserve to go to jail.
Why would her phone records be off limits in this case?
Just seems like in todays world, if there's a crime that is being tried, then all of the parties involved should have their phones searched regardless if you were the victim or the alleged criminal. It baffles me that we can look for loopholes to bury potential evidence.
Why would her phone records be off limits in this case?
Just seems like in todays world, if there's a crime that is being tried, then all of the parties involved should have their phones searched regardless if you were the victim or the alleged criminal. It baffles me that we can look for loopholes to bury potential evidence.
Posted on 10/18/23 at 11:45 am to Tshiz
quote:
What are they attempting to find on her phone? That she regularly enjoys getting raped and gangbanged by men in a car? Lunacy
Or that she had sex prior to going out that could explain some of the medical findings. It's a shot in the dark but you never know.
Posted on 10/18/23 at 11:47 am to Chad504boy
quote:
how about you stop with the what ifs game and stick to what was said.
quote:
want her cellphone as "a way to circumvent rape shield laws to get her sexual history,"
My what-ifs are guesses as to what the defense would try to use the information for.
Posted on 10/18/23 at 11:49 am to Tshiz
quote:
What are they attempting to find on her phone? That she regularly enjoys getting raped and gangbanged by men in a car? Lunacy
I'm not saying it's there, but what if there are texts along the lines of:
"Last weekend was great. I can't wait to get drunk and gangbanged again this weekend."
Posted on 10/18/23 at 11:51 am to lsupride87
quote:
her cell phone record show she likes hard sex it could show the injuries the prosecution is using for rape is not from the defendants.
Right, reasonable doubt as to who may have caused the injuries.
This post was edited on 10/18/23 at 11:53 am
Posted on 10/18/23 at 11:53 am to CocomoLSU
quote:None of that matters if she was drunk and couldn't consent. Whether or not you agree with the law, that is what the law says.
That's gonna be the crux IMO. What if there are texts from her in the car telling a friend she's about to frick several dudes?
Posted on 10/18/23 at 11:55 am to tigafan4life
quote:
None of that matters if she was drunk and couldn't consent. Whether or not you agree with the law, that is what the law says.
And the blood alcohol readings from her corpse pretty much confirmed that she was WAY over the legal limit, and I think it can be shown she hadn’t been served anything after leaving with these frickheads and before she got run over.
Posted on 10/18/23 at 11:55 am to tigafan4life
quote:
None of that matters if she was drunk and couldn't consent. Whether or not you agree with the law, that is what the law says.
1. They are being charged with far more than that though. So if that’s all the prosecution can prove they miss on most of their charges
2. If that’s all the prosecution can prove, the defense will use the intoxication of the defendants themselves and state her text messages would show she was the aggressor
Both above are dealing on hypotheticals that may not even exist
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