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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/29/23 at 11:20 pm to
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/29/23 at 11:20 pm to
Would the prosecutors have the defendants phones? I find it hard to believe they didn't photo or video the activities of that night - far more than what the Judge saw in the bond hearing.


Not sure at what point she lost her phone but sure all that will come out. They can digitally trace the location that night of the phone.

Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 1/29/23 at 11:20 pm to
quote:

Joe Long said video showed her exiting the car “perfectly healthy.”


Same damn thing Id say as a defense attorney.

I wouldnt even need to see the video to say it.
This post was edited on 1/29/23 at 11:21 pm
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/29/23 at 11:22 pm to
Yes, Joe Long said she left the car healthy.

So did they video her getting out to try to CYA, "You want to get out right here? We are letting you out?"

What was the purpose in their making that video?
Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 1/29/23 at 11:22 pm to
quote:

Would the prosecutors have the defendants phones? I find it hard to believe they didn't photo or video the activities of that night - far more than what the Judge saw in the bond hearing.


Id like to think a search warrant for their phones was issued in conjunction with the arrest warrant. youre right.
Posted by berrycajun
Baton Rouge
Member since May 2016
7223 posts
Posted on 1/29/23 at 11:23 pm to
quote:

(2)When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.


I’m going with number 2

It’s about what the offender’s knew more than the victim. They KNEW how drunk she was. And anal in the backseat with 3 other guys in the car…..I don’t think that’s what she had in mind if earlier in the night she did indeed plan on going home with one of them to have sex. She was likely thinking to her place or his in a bedroom.
Posted by berrycajun
Baton Rouge
Member since May 2016
7223 posts
Posted on 1/29/23 at 11:25 pm to
Has a statement been made by Uber driver
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/29/23 at 11:25 pm to
quote:

Didn’t you mention that you don’t focus on the criminal side of the law (Can’t remember what state you are in)?


True. But I know a whole lot more about experts at trial than the average bear.

quote:

You have recently crossed over into offering what is no more than a layman’s opinion and speculations wrapped up in your username.


It’s all amateur opinion, baw. I’m not billing for this.

quote:

but where does Louisiana law for third degree rape require victim to be incapable of jogging and walking?


It doesn’t.

My point is the .319 BAC looked almost insurmountable for the defense. Hell of a narrative with that.

Then the jogging video came out. It’s a common sense visual that doesn’t fit the .319 narrative, or at least not perfectly. The defense knows that. They also know that’s the kind of thing that can beat the “science” of the .319 if they can poke any holes at all in the testing.
Posted by AlwysATgr
Member since Apr 2008
21211 posts
Posted on 1/29/23 at 11:26 pm to
quote:

Madison was left out there in the cold and rain with no phone. 


The Weather Underground site shows it was near freezing at 2:30 AM but it didn't show any precipitation.

Several have mentioned it was raining but that may not be accurate.
Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 1/29/23 at 11:26 pm to
quote:

Has a statement been made by Uber driver


Not publicly.
Posted by dallastigers
Member since Dec 2003
10827 posts
Posted on 1/29/23 at 11:28 pm to
quote:

An edited one at that. It won’t have every word spoken in the interview.


So it was basically an affidavit for an arrest warrant.
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/29/23 at 11:28 pm to
I believe - and the Judge can speak for himself - the charges are based on this:
quote:


(1) When the victim is incapable of resisting or 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 and the offender knew or should have known of the victim's incapacity.


JudgeHolden is pointing out her running =/= a 'stupor' state. The more sober she appears in the video it opens the door for a juror (already wanting to vote for the defendants) to say, "Well, all that science is mumbo jumbo. The girl ran. She okay."

That's what he was pointing out. Her running on the video helps defense.

But it's only one piece of evidence. Might be other video of her stumbling and falling over or eyewitnesses or one of the perps if they flip.
Posted by ell_13
Member since Apr 2013
88152 posts
Posted on 1/29/23 at 11:31 pm to
Some people don’t know what that means. It’s all the incriminating stuff but not necessarily all the relevant or contextual stuff.
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/29/23 at 11:31 pm to

Did you not watch the O.J. trial? Go at least watch the tv series they did on it, which was quite good. Cuba Gooding played O.J.

You're talking SCIENCE and that'll be a battle of experts. The defense expert will say, "Based on my examination of the video evidence in this case my expert opinion is the BAC was far lower" or whatever else they pay him or her to say.

Jury can weigh the evidence how they want. O.J. jury = defendants walk.

Try the case in north Louisiana and defendants all get life.

Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/29/23 at 11:32 pm to
quote:

HodsonTiger13


Precisely.

And if she had physical injuries from the sex, little of this will matter. No one consents to that in a normal state of mind.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/29/23 at 11:33 pm to
quote:

Did you not watch the O.J. trial?


Yep. Studied it too.

Prosecution screwed that case all to hell. That won’t happen here.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/29/23 at 11:35 pm to
quote:

Has a statement been made by Uber driver


I thought I read somewhere he was cleared. So he gave some statement to the police. He might get sued civilly, though.
Posted by WestSideTiger
Baton Rouge
Member since Jan 2004
5351 posts
Posted on 1/29/23 at 11:35 pm to
quote:

Joe Long said video showed her exiting the car “perfectly healthy.”

I can’t see how that video will be positive for those 4 dudes. There is not a chance in hell she was happy at that point. I doubt she even said thanks for the ride or anything like that. Unless sarcastically. She had to know her situation sucked and if she just looks like a zombie going through the motions that’s just as bad.

The Uber/phone situation is the mystery I want solved the most. It just doesn’t add up.
Posted by berrycajun
Baton Rouge
Member since May 2016
7223 posts
Posted on 1/29/23 at 11:36 pm to
I believe the .319 was accurate considering she was hit by a completely sober driver. Poor thing was likely stumbling around unaware of where she was. Sometimes alcohol takes a while to hit you. One minute your up looking for your phone doing your best to walk.

Then as soon as you feel safe in a car with people saying they are bringing you home, you’re sitting down comfortable and you pass out and start talking gibberish. They were “callously laughing at her” according to the bond judge. IF there was a yes, her yes was likely not a REAL yes, and the judge KNEW they knew that. They asked her several times for a reason. Hoping they’d get some sort of mumbled yes, but they KNEW she didn’t know what she was consenting to. The driver said he “hated” what was happening…
Posted by berrycajun
Baton Rouge
Member since May 2016
7223 posts
Posted on 1/29/23 at 11:37 pm to
Uber driver was definitely cleared. Just wondering if there’s an interview in an article of him or her describing what happened
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/29/23 at 11:38 pm to
quote:

So did they video her getting out to try to CYA, "You want to get out right here? We are letting you out?" What was the purpose in their making that video?


Reading between the lines, that’s what I think. If she seems cogent then, that hurts the prosecution.
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