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Posted on 1/29/23 at 9:12 pm to hmmmokay
You and WaWa don’t reference the exceptions though from that study. And there are other factors where fluid from other parts of the body can dilute the blood stream to increasing the BAC reading. Is it likely? I guess it depends on her injuries which none of us know. But it’s just one thing that I would guess the defense would try to claim. They’re going to throw the book at the BAC. Because then all you have it what she was perceived to be able to consent to. Fortunately, the statements by Carver and Washington show they knew how bad off she was.
Posted on 1/29/23 at 9:12 pm to JudgeHolden
The D.A. mentioned a grand jury to up the charges to first degree rape.
What would have to be shown to establish first degree? There were two that raped her.
Posted on 1/29/23 at 9:14 pm to JudgeHolden
There's video from inside the bar. I thought the 'didn't drink in last hours' was based on the video from inside the bar?
The affidavit also mentions she was seen stumbling on the video.
She had at least one friend possibly (the one that approached the group - see the slow motion footage Sadvocate posted) who could testify as to her condition as she left.
Posted on 1/29/23 at 9:14 pm to HodsonTiger13
I think this:
quote:
When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.
Posted on 1/29/23 at 9:15 pm to ell_13
quote:
You and WaWa don’t reference the exceptions though from that study. And there are other factors where fluid from other parts of the body can dilute the blood stream to increasing the BAC reading.
The one sentence summary of your literature citation is:
BAC is a reliable test even in cases of trauma, but if there is any possible way the test is wrong it would show a lower number than is actually present in the patient’s blood.
Please keep embarrassing yourself
Posted on 1/29/23 at 9:17 pm to WaWaWeeWa
Poor ell is just googling things he doesn't understand and posting.
Posted on 1/29/23 at 9:19 pm to WaWaWeeWa
quote:Again, a lawyer is only concerned with it being wrong high or low. Any false reading doesn’t get admitted. So it would be relevant regardless. I don’t know why you think that’s embarrassing to anyone.
but if there is any possible way the test is wrong it would show a lower number than is actually present in the patient’s blood
Posted on 1/29/23 at 9:19 pm to JudgeHolden
The penalties for first degree rape are much higher.
Could the other reason to 'up the charges' be to have one of the defendants flip and cooperate with the prosecutors in exchange for a lesser offense plea deal?
Would the jury be informed if such a deal took place to factor in the credibility of the person as a witness?
Back to the WAFB 'second angle' footage it does look that Madison was capably walking with the four perps toward the vehicle.
Is the blood 'stored'? The science folks here could answer this. Meaning, is it kept so that it could be re-tested by another lab? Just to verify the BAC was correctly calculated.
quote:
D.(1) Whoever commits the crime of first degree rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Could the other reason to 'up the charges' be to have one of the defendants flip and cooperate with the prosecutors in exchange for a lesser offense plea deal?
Would the jury be informed if such a deal took place to factor in the credibility of the person as a witness?
Back to the WAFB 'second angle' footage it does look that Madison was capably walking with the four perps toward the vehicle.
Is the blood 'stored'? The science folks here could answer this. Meaning, is it kept so that it could be re-tested by another lab? Just to verify the BAC was correctly calculated.
Posted on 1/29/23 at 9:21 pm to WaWaWeeWa
How the hell did y’all get off on this tangent? Even if spot is swabbed with alcohol, they don’t draw until the needle is in vein and evaporates almost immediately. Not to mention the fact the probably given her fluids that would have diluted the sample.
Posted on 1/29/23 at 9:22 pm to ell_13
quote:
Again, a lawyer is only concerned with it being wrong high or low. Any false reading doesn’t get admitted. So it would be relevant regardless. I don’t know why you think that’s embarrassing to anyone.
You think anything you have posted would make a BAC irrelevant?
You could say everything you are saying about every single BAC result. “Well they could have wiped his skin with an alcohol pad!”. Yet they are used as evidence every single day. You look like a moron making this argument.
Come up with a reasonable hypothesis of why the BAC is off that is relevant to this case
Posted on 1/29/23 at 9:24 pm to ell_13
Yes- you would have to see her other labs to really know if it was diluted. If so, they would be able to figure it out based off Hcb and Hct concentrations. If defense says it is falsely elevated (highly unlikely), they can rule that out as well by comparing to other values.
Hospitals draw these labs all the time. Often for DWI related accidents. They have been studied for a long time and are pretty accurate and hard to dispute.
All I am saying is that if this is the only shred of hope for the defense, it is really weak.
Hospitals draw these labs all the time. Often for DWI related accidents. They have been studied for a long time and are pretty accurate and hard to dispute.
All I am saying is that if this is the only shred of hope for the defense, it is really weak.
Posted on 1/29/23 at 9:29 pm to WaWaWeeWa
BAC is relevant but that's an argument of experts at this point.
Defense will have an expert saying this was done wrong or that was done wrong and whatever else smokeshow they're paid to make.
"If the blood don't fit, you must acquit!" The video of Madison running to the four and walking with them toward the car will show her blood level was far lower, their expert will say.
It all comes back to the bias of the jury. Look at O.J. who murdered two people and walked.
Better to up the charges to first degree. With the four facing life in prison, someone will cooperate to hang the other three.
Then you'd have someone there who can testify as to Madison's lack of capacity and the co-defendants knowledge she was in a 'stupor.'
Posted on 1/29/23 at 9:29 pm to WaWaWeeWa
quote:Defense lawyers do. Sometimes it works. Sometimes it doesn’t. Judge made a good point earlier. When he blood was drawn, the medical staff likely didn’t think they were dealing with a criminal investigation. So the procedure to get the blood will be scrutinized. You’d be crazy not to as a defense attorney in this case. Acknowledging that and learning about the avenues they could use doesn’t make someone a moron.
You could say everything you are saying about every single BAC result. “Well they could have wiped his skin with an alcohol pad!”. Yet they are used as evidence every single day. You look like a moron making this argument.
Posted on 1/29/23 at 9:29 pm to hmmmokay
quote:
Hcb and Hct
Hgb and Hct
Posted on 1/29/23 at 9:30 pm to hmmmokay
quote:I appreciate your responses. And you are dead on here. The BAC is one tiny piece of the puzzle and won’t mean much in the end anyway.
All I am saying is that if this is the only shred of hope for the defense, it is really weak.
Posted on 1/29/23 at 9:32 pm to JudgeHolden
The evidence of injuries consistent with sexual assault i think will be the biggest problem for the defense. Even if she WANTED to have sex with one of them, I doubt she wanted to anally in the back seat with 3 guys watching. And i doubt she wanted a second guy to do the same. Maybe she had going to a bed in mind….
I think her injuries let us know that at least she did not consent to anal in the backseat.
Her injuries, the perp’s statements, and the fact they dropped her off on the side of the road in near freezing temps (she didn’t WANT to go home with them) and/or they needed to get rid of her because they were fully aware they just raped her as was she, will all be major problems for the defense.
I think her injuries let us know that at least she did not consent to anal in the backseat.
Her injuries, the perp’s statements, and the fact they dropped her off on the side of the road in near freezing temps (she didn’t WANT to go home with them) and/or they needed to get rid of her because they were fully aware they just raped her as was she, will all be major problems for the defense.
Posted on 1/29/23 at 9:33 pm to HodsonTiger13
Family of Madison Brooks announces funeral arrangements
BATON ROUGE, La. (WAFB) - Funeral arrangements for LSU student Madison Brooks have been set, the family announced on Saturday, Jan. 28.
Visitation for the 19-year-old sophomore from Covington will be held at St. Peter Catholic Church in Covington on Friday, Feb. 3, from 11 a.m. to 1 p.m.
A Mass of Christian Burial will begin at 1 p.m. at the same location.
Brooks will be laid to rest at Pinecrest Memorial Park in Covington.
LINK
BATON ROUGE, La. (WAFB) - Funeral arrangements for LSU student Madison Brooks have been set, the family announced on Saturday, Jan. 28.
Visitation for the 19-year-old sophomore from Covington will be held at St. Peter Catholic Church in Covington on Friday, Feb. 3, from 11 a.m. to 1 p.m.
A Mass of Christian Burial will begin at 1 p.m. at the same location.
Brooks will be laid to rest at Pinecrest Memorial Park in Covington.
LINK
Posted on 1/29/23 at 9:34 pm to ell_13
We aren’t even having this argument if the defense doesn’t intentionally release a 10 second clip.
The more time that goes by I am thinking the defense is actually doing a great job. They completely hoodwinked clowns like you.
The more time that goes by I am thinking the defense is actually doing a great job. They completely hoodwinked clowns like you.
Posted on 1/29/23 at 9:37 pm to ell_13
quote:
When he blood was drawn, the medical staff likely didn’t think they were dealing with a criminal investigation
This would NOT make a single difference in how the blood was drawn. In traumas we never know the entire story of anything until after we have initially stabilized a patient. That is why staff treats EVERYTHING they do like it is a criminal investigation.
The accuracy of the BAC sample is not a matter of opinion. It is a science that can be proved or disproved. In most situations, if the value flagged in the hospital they would re-draw immediately. They reported her BAC was 0.312, which means they saw no reason to believe it was not accurate.
Bottom line - this won't be a debate of opinion IF it goes to trial. By the time the trial comes, the accuracy will be validated or disputed and they either will allow it as evidence or won't.
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