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re: Allegedly, Madison Brooks had sex the day before incident that caused that caused injuries

Posted on 3/13/24 at 2:33 pm to
Posted by dallastigers
Member since Dec 2003
10620 posts
Posted on 3/13/24 at 2:33 pm to
quote:

the video evidence shows she wasnt incapacitated or too drunk to reason and function so that dispels the "she was too drunk to consent" theory


It does no such thing. On its own it could cause some in jury to have reasonable doubt in a he/she said case where she wasn’t killed right after the rape and didn’t have blood taken right after to use for BAC levels, but the video evidence could also cause some to think she was too drunk. It’s a more subjective measure, and it depends on which side’s experts jury likes and their own experiences with drunken behavior going in regardless of questionnaire answers.

Her BAC level isn’t discounted by the videos.


For 3rd degree Washington should be toast based on what what’s been reported and in indictment. His only defense is saying no anal, oral, or vaginal sexual intercourse ever actually happened; the driver was wrong; and he was just lying when he said he had sex with her to others. Might need to account for whatever the nature was of his DNA that was found on her exterior rear area (but might be sexual battery).

Not living in state I don’t know if anything has been reported about anything said by the guy who was 17 at the time. If he has never told anyone that he had sex with her or that she was drunk drunk the DA may need Carver’s cooperation enough to make a deal.
This post was edited on 3/13/24 at 2:53 pm
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
63229 posts
Posted on 3/13/24 at 2:33 pm to
(no message)
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
63229 posts
Posted on 3/13/24 at 2:35 pm to
quote:

that night she received 24 alcoholic beverages and fell four times


Clearly able to give consent to a gang bang by complete strangers in the backseat of a car

Posted by AlwysATgr
Member since Apr 2008
21027 posts
Posted on 3/13/24 at 2:38 pm to
quote:

Does anyone have a good link that has all of the info on this case? Trying to avoid reading the 26 plus pages


There is a link back on p. 24 of this thread to the original O-T thread. Pg 1 or 2 of it has several links to sources from a year ago.

The original thread is like 400+ pages of Rant bliss.
Posted by dukke v
PLUTO
Member since Jul 2006
216476 posts
Posted on 3/13/24 at 2:40 pm to
There ya go.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 3/13/24 at 2:40 pm to
quote:

I think he was making a moral argument, not a legal argument.



That's not going to persuead a jury and thats what we are talking about

quote:

I realize you dont read very well, but maybe you can try
Posted by Dorito
Baton Rouge, LA
Member since Nov 2021
324 posts
Posted on 3/13/24 at 2:41 pm to
quote:

Sliver of evidence of consent? Like nodding her head up and down?

Or, calling Carver a fagg*t for not wanting to have sex with her? If that is really on the video, that seems to be reasonable doubt, or at least a sliver, establishing that maybe she did want to have sex with them
This post was edited on 3/13/24 at 2:42 pm
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 3/13/24 at 2:42 pm to
quote:

Or, calling Carver a fagg*t for not wanting to have sex with her? If that is really on the video, that seems to be reasonable doubt, or at least a sliver, establishing that maybe she did want to have sex with them



Yep...if thats true then there's no way im voting guilty
Posted by Areddishfish
The Wild West
Member since Oct 2015
6538 posts
Posted on 3/13/24 at 2:43 pm to
I'm lucky that I can just look as an outside observer but it's a bad look on all who are involved. I don't think anyone is completely absolved.
Posted by dukke v
PLUTO
Member since Jul 2006
216476 posts
Posted on 3/13/24 at 2:43 pm to
You have zero clue how the jury may lean. But I’m glad you won’t be on the jury because you have already made up your mind. You act like you wish you were in the car with them.
Posted by lsupride87
Member since Dec 2007
111524 posts
Posted on 3/13/24 at 2:43 pm to
quote:

that night she received 24 alcoholic beverages
This is so ludicrous I immediately discount any source that states this
Posted by bulletprooftiger
Member since Aug 2006
2482 posts
Posted on 3/13/24 at 2:43 pm to
Not one person in this entire thread has brought up the fact that these defendants were indicted by a grand jury.

That means that according to no less than 9 people, the evidence presented warrants a conviction if uncontroverted.

What this means:
(1) there is prosecution evidence you haven't seen that substantiates these charges;
(2) the defense is doing its job to challenge that evidence.
This post was edited on 3/13/24 at 3:26 pm
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
63229 posts
Posted on 3/13/24 at 2:44 pm to
quote:

If that is really on the video


If

The defense has a couple ifs

The actual evidence of her being almost black out drunk isn’t an if, the defendant saying she was too drunk to give consent in his statement isn’t an if
This post was edited on 3/13/24 at 2:46 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
179058 posts
Posted on 3/13/24 at 2:45 pm to
quote:

Yep...if thats true then there's no way im voting guilty




here's our shock face that your pro rape.

She's of no legal ability to consent to drunk sex with randoms in the backseat of a car.

Carver admitted she was drunk at the bar, stumbling, too drunk to find friends, words slurring, they assisted her walking across the parking lot, she tried to go into a wrong car, carver knew it was wrong, said they finna rape her, video of her screaming get off, leaving her off the side of the road in a condition where she gets hit by a car standing in the middle of the highway.

Here's my shock face you're looking for desperate measures to support rapers raping.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 3/13/24 at 2:46 pm to
quote:

You have zero clue how the jury may lean.


No one ever does.... thats how I know you've never sat on a jury

quote:

I’m glad you won’t be on the jury


Well, I dont live in BR, so that would be impossible.


quote:

You act like you wish you were in the car with them.


Why do you think I wish I was in the car with them? What difference would than make?
Posted by JasonDBlaha
Woodlands, Texas
Member since Apr 2023
4625 posts
Posted on 3/13/24 at 2:49 pm to
quote:

This is a classic case of "she was asking for it" defense.


To be honest, she kind of was asking for it. She was a flirty sorority chick who wanted to party and get wild. All she had to do was simply say no to the guys who asked her to come with them and none of this would have happened.
This post was edited on 3/13/24 at 2:51 pm
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 3/13/24 at 2:50 pm to
quote:

The actual evidence of her being almost black out drunk isn’t an if, the defendant saying she was too drunk to give consent in his statement isn’t an if


Sure it is. That guy isn't an expert on what to drunk to consent means.
Posted by Old Sarge
Dean of Admissions, LSU
Member since Jan 2012
63229 posts
Posted on 3/13/24 at 2:50 pm to
quote:

Not one person in this entire thread has brought up the fact that these defendants were indicted by a grand jury. That means that according to no less than 12 people, the evidence presented warrants a conviction if uncontroverted. What this means: (1) there is prosecution evidence you haven't seen that substantiates these charges; (2) the defense is doing its job to challenge that evidence.




Great point, I’ve spent over a year on a grand jury, you don’t indict if you don’t think the evidence is substantial enough for a conviction on the charges, those are the instructions the DA gives and that’s what grand jurors do

It’s one of the hardest things I’ve done
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23043 posts
Posted on 3/13/24 at 2:50 pm to
quote:

That means that according to no less than 12 people, the evidence presented warrants a conviction if uncontroverted.


Splitting hairs, but a grand jury only needs to consider if a crime was "probably" committed. Conviction requires beyond a reasonable doubt, which is a much higher bar
Posted by dukke v
PLUTO
Member since Jul 2006
216476 posts
Posted on 3/13/24 at 2:50 pm to
Because you are all on the side of these dudes…. You act as if they didn’t do anything wrong… I’ll tell you what, if anything that comes out that whole at the bar she told them to give her a ride and then stop somewhere and have sex I’ll leave you alone.
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