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Started By
Message
re: Deputies arrest 4 in LSU student Madison Brooks case
Posted on 1/28/23 at 8:59 am to LSUFAITHFUL
Posted on 1/28/23 at 8:59 am to LSUFAITHFUL
The point about 5000 tests/98 arrests being a problem was this:
How drunk was Madison at the time of the rape? Was she capable of giving legal consent or not?
Defense will say she was capable to give consent. Maybe she drank more after they dropped her off with a flask etc.
Some experts are out there that can say 'if you can run like that and navigate the curb... you aren't legally drunk."
These 'experts' are basically paid whores that'll say waht they need to say but they have lots of credentials and seem legit to a jury.
Then prosecutors have their experts contradicting that.
Which experts will a jury believe? Whatever expert that reinforces their preexisting biases.
Look at the WAFB comments and you'll see some potential jurors that'd eat up the defense expert sand say, "Sober enough to consent!"
If the BAC don't fit, you must acquit!
4
Posted on 1/28/23 at 9:00 am to JudgeHolden
Maybe he can do a Darrell Brooks and defend himself
Posted on 1/28/23 at 9:06 am to HodsonTiger13
If I’m prosecuting, I’m trying to figure out a way to play body cam/dash cam video of field sobriety tests and/or arrest interactions of other folks with .31 BAC to show, they can totally be on their feet and mobile, at least intermittently.
Her walking across the street and falling into the rapists arms proves this.
Her walking across the street and falling into the rapists arms proves this.
This post was edited on 1/28/23 at 9:07 am
Posted on 1/28/23 at 9:12 am to HodsonTiger13
quote:
Which experts will a jury believe? Whatever expert that reinforces their preexisting biases.
Not exactly. I’ve tried a lot of cases with experts involving highly technical fields.
Juries hold experts to a high standard. An expert who gets caught in a lie or contradiction, even on a collateral matter, is usually discredited.
If expert testimony is even, juries will tend to go with the clearest narrative, the one that makes the most sense to them based on experience. This can be based on events at trial where, for example, a witness portrayed as evil seems likable.
If one side’s story is far more compelling than the other side’s in terms of expected human conduct based on the juror’s experience, jurors will ignore expert testimony altogether.
That’s what I’ve seen.
This post was edited on 1/28/23 at 9:14 am
Posted on 1/28/23 at 9:18 am to HodsonTiger13
quote:
"Sober enough to consent!"
Remember that under the standard, she can consent unless she is so blotto she basically couldn’t know what she was doing. Consent that comes from alcohol-lowered inhibitions is good consent when it comes to these rape charges. If she knew what was going on and did something she wouldn’t have done sober, I don’t think that is rape under this law.
This post was edited on 1/28/23 at 9:28 am
Posted on 1/28/23 at 9:29 am to JudgeHolden
Your in the bar talking/drinking.
You comment your friends are gone.
A group says we will take you home.
They leave you realize you are alone.
Your adrenaline kicks in you run to catch a ride while appearing functional.
You secure you’re ride and relax.
Adrenaline rush over you collapse back to the state of intoxication your in.
You get in car and pretty much pass out.
Crime of opportunities happens.
Fry them all.
Shut down the bar.
Bankrupt the owners.
You comment your friends are gone.
A group says we will take you home.
They leave you realize you are alone.
Your adrenaline kicks in you run to catch a ride while appearing functional.
You secure you’re ride and relax.
Adrenaline rush over you collapse back to the state of intoxication your in.
You get in car and pretty much pass out.
Crime of opportunities happens.
Fry them all.
Shut down the bar.
Bankrupt the owners.
Posted on 1/28/23 at 9:34 am to Thecoz
quote:
Your in the bar talking/drinking. You comment your friends are gone. A group says we will take you home. They leave you realize you are alone. Your adrenaline kicks in you run to catch a ride while appearing functional. You secure you’re ride and relax. Adrenaline rush over you collapse back to the state of intoxication your in. You get in car and pretty much pass out. Crime of opportunities happens.
Not bad, but it does not explain all the evidence. Your theory of the case has to include it all.
Posted on 1/28/23 at 9:37 am to 427Nova
"No one on here knows anything"
The irony! You clearly have no idea what you're blabbing about.
The irony! You clearly have no idea what you're blabbing about.
Posted on 1/28/23 at 9:46 am to LNCHBOX
quote:
But I'd have to imagine any potential jurors would be aware if he's convicted of that rape prior to the start of this trial. Can't imagine that wouldn't make the news.
Some might. But they’d have to hide the knowledge during voir dire. Otherwise, they’d be removed for cause.
Also remember that there are LOTS of people out there who don’t follow the news.
This post was edited on 1/28/23 at 9:49 am
Posted on 1/28/23 at 9:52 am to csorre1
quote:
And one of the defendants being convicted of the rape of a 12 year old a before this trial even starts, if it gets to trial, is going to be a problem for the defense.
They’re gonna show a pic of him when he was 14 and say he sang in the church choir
Posted on 1/28/23 at 9:56 am to JudgeHolden
PSA: PLEASE READ
The standard is not “drunk.” You can consent to sex when drunk.
The standard is
—victim is incapable
—of understanding the nature of the act
—by reason of a stupor or abnormal condition of mind
—produced by an intoxicating agent or any cause
— offender knew or should have known of the victim's incapacity.
Drunken consent can be good consent if the party is “capable of understanding the act.”
The standard is not “drunk.” You can consent to sex when drunk.
The standard is
—victim is incapable
—of understanding the nature of the act
—by reason of a stupor or abnormal condition of mind
—produced by an intoxicating agent or any cause
— offender knew or should have known of the victim's incapacity.
Drunken consent can be good consent if the party is “capable of understanding the act.”
Posted on 1/28/23 at 9:57 am to el Gaucho
quote:
They’re gonna show a pic of him when he was 14 and say he sang in the church choir
Doubtful they will at trial. Most judges would not let that in. You’d have to find some relevance.
Posted on 1/28/23 at 10:02 am to windmill
I hate to say unbelievable but these comments on WAFB Facebook page after arrest of Kaivon from the 12 year old girl rape charge….wow
“If it ain’t one thing it’s another & I know his mom is so hurt right now. it’s crazy how all of sudden something else pops up “
“This does not sound right. It sounds like a made up story to categorize him as a serial rapist to take advantage of the other story in the news. If this was true why did they not come forward before the other story came out?“
“agreed! but we all know how the system is designed“
“They gonna bill Cosby him”
“I knew this was coming soon when I heard the rumor. They will tear you apart.“
“He beating dat y'all got no evidence”
“who ever the lil girl is should have been stepped up charges should be on her mama for letting it go that long it took this now yhall wanna step out . You should have been did that.Like I said go set down”
“So all these charges coming up out the blue wow Louisiana ain’t ish he not that old so he was a minor”
“Forever team Kavion, THATS MY BABY WILL ALWAYS BE MY BABY“
“This is a cold world! Now who done went and paid somebody?”
“tell the witness eat a dxck”
“I guess they have to try and blame somebody!!!”
“Trying to railroad this black guy for old lie's that didn't lead to charges then he needs to sue the state now”
“every case will be applied to this young man. Sad”
“If it ain’t one thing it’s another & I know his mom is so hurt right now. it’s crazy how all of sudden something else pops up “
“This does not sound right. It sounds like a made up story to categorize him as a serial rapist to take advantage of the other story in the news. If this was true why did they not come forward before the other story came out?“
“agreed! but we all know how the system is designed“
“They gonna bill Cosby him”
“I knew this was coming soon when I heard the rumor. They will tear you apart.“
“He beating dat y'all got no evidence”
“who ever the lil girl is should have been stepped up charges should be on her mama for letting it go that long it took this now yhall wanna step out . You should have been did that.Like I said go set down”
“So all these charges coming up out the blue wow Louisiana ain’t ish he not that old so he was a minor”
“Forever team Kavion, THATS MY BABY WILL ALWAYS BE MY BABY“
“This is a cold world! Now who done went and paid somebody?”
“tell the witness eat a dxck”
“I guess they have to try and blame somebody!!!”
“Trying to railroad this black guy for old lie's that didn't lead to charges then he needs to sue the state now”
“every case will be applied to this young man. Sad”
Posted on 1/28/23 at 10:02 am to JudgeHolden
quote:
Drunken consent can be good consent if the party is “capable of understanding the act.”
How does that work when the party in question is in a fugue state, and is walking and talking, but completely raging, insane drunk?
Posted on 1/28/23 at 10:06 am to JudgeHolden
quote:
Drunken consent can be good consent if the party is “capable of understanding the act.”
The rapist themselves state over and over how drunk she was. They were all too aware she was loaded and took advantage of that FACT.
This post was edited on 1/28/23 at 10:06 am
Posted on 1/28/23 at 10:06 am to tonydtigr
quote:
How does that work when the party in question is in a fugue state, and is walking and talking, but completely raging, insane drunk?
Defense will argue that a reasonable person would believe them to be capable of consent.
That’s what the defense attorneys are railing about in the press conferences. That’s what they think the car video shows.
Posted on 1/28/23 at 10:07 am to supadave3
quote:
The rapist themselves state over and over how drunk she was. They were all too aware she was loaded and took advantage of that FACT.
And that’s a good fact. The video of her running undercuts it. And visuals are very, very powerful.
Look, be clear, I think the prosecution has a good case and that they will all plead. But it’s not a slam dunk case.
Posted on 1/28/23 at 10:09 am to tigerskin
quote:
tigerskin
Those comments make me sick to my stomach. Our society is doomed whenever this animal is being defended for raping a 12 year old. Would they feel that way if the 12 year old was black? Probably.
That hive mentality is going to destroy us.
This post was edited on 1/28/23 at 10:11 am
Posted on 1/28/23 at 10:10 am to tigerskin
You want me to quote the comments here saying “kill the mfs today!!!” To numerous people here referring to half the people in the parish as “animals”? And worse?
Everybody is mad. Something terrible happened that shouldn’t have and that will wreck the lives of dozens at least. People are going to say shite.
That ain’t what happens in juries. You don’t post your vote to the internet. You are in a room with eleven other people.
Everybody is mad. Something terrible happened that shouldn’t have and that will wreck the lives of dozens at least. People are going to say shite.
That ain’t what happens in juries. You don’t post your vote to the internet. You are in a room with eleven other people.
This post was edited on 1/28/23 at 10:12 am
Posted on 1/28/23 at 10:14 am to JudgeHolden
I appreciate your insight and you wanting to hold your profession in the highest light…..but there are some very strong biases that people can “hide.”
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