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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/30/23 at 9:32 am to
Posted by HouseMom
Member since Jun 2020
1933 posts
Posted on 1/30/23 at 9:32 am to
quote:

If she asked for sex and taunted him, that’s going to be pretty damn strong evidence of consent.


Only if it's actually on video. Right now, it seems we only have the driver saying this about himself. Or did I miss something?

Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/30/23 at 9:32 am to
quote:

But I didn't


You did, just like you do in every other thread you think you're a victim in. Moving on
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23244 posts
Posted on 1/30/23 at 9:33 am to
Right, but he was asking why someone would trust a video over a medical test. The two reasons would be that your BAC can keep climbing well after you stop drinking, and because the victim could appear more sober than they actually are for a variety of reasons.

The defense will bring both of those things up, but they're going to run into the wall of the guys telling police that she was too drunk.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479190 posts
Posted on 1/30/23 at 9:34 am to
quote:

Devil's advocate here, but part of the law says that the perpetrator should've known of the victim's condition. If you don't think someone is as drunk as they are, then you have no way of knowing that they can't consent according to that.

That's the heart of the issue.

Their alleged statements are worse than the BAC, but we are basing their alleged statements off a bad piece of evidence. The video could shine light on this issue (or it could damn them worse)
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/30/23 at 9:34 am to
quote:

Right, but he was asking why someone would trust a video over a medical test. The two reasons would be that your BAC can keep climbing well after you stop drinking, and because the victim could appear more sober than they actually are for a variety of reasons.

The defense will bring both of those things up, but they're going to run into the wall of the guys telling police that she was too drunk.




I was agreeing with that. The law does say it has to be obvious, but the statements already made kinda blow that up.
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/30/23 at 9:35 am to
quote:

off a bad piece of evidence


Bad in that it hurts the defendants
Posted by lsu13lsu
Member since Jan 2008
11827 posts
Posted on 1/30/23 at 9:35 am to
quote:

Only if it's actually on video. Right now, it seems we only have the driver saying this about himself. Or did I miss something?


So if bad for prosecution, has to be on video. If bad for defense it can be an interview?

The driver so far seems to be pretty forthcoming.
Posted by LSUAngelHere1
Watson
Member since Jan 2018
10137 posts
Posted on 1/30/23 at 9:35 am to
quote:

A girl that is pursuing them and wanting to have sex doesnt need to be asked 5 times by someone and an unknown amount by someone else. This is also per the same guy youre basing your celebration posts on.

Because like 99% of the posters here, they couldn’t believe she wanted to have sex with all of them.

Like, “Am I dreaming? You want to have sex?” “You sure you want to have sex?” You really want to?” Ok, you sure?”

Remember the uncle even said something about how he couldn’t believe how easy it was. He is also the one who said she was drunk, drunk. I mean drunk. People keep attributing that to Washington (who is clearly a rapist) but it was the uncle who said it.

This post was edited on 1/30/23 at 9:36 am
Posted by 92Tiger
Member since Dec 2015
618 posts
Posted on 1/30/23 at 9:37 am to
quote:

If she asked for sex and taunted him, that’s going to be pretty damn strong evidence of consent.


How does that absolve the issue of drunkenness to the point of not being able to comprehend the act?



I'm no lawyer, but I think it would go to intent. Typically, to be guilty of a crime, one must have the intent of committing the crime. If a "reasonable person" (i.e. the jurors), don't see the accused as intending to commit the crime, then that may be all that is needed to acquit. Hypothetically, if she said she wanted it, and teased him as gay for not screwing her, then notwithstanding her incapacity, jurors may conclude that he reasonably perceived her as having capacity to consent. They may deem it unreasonable to expect the accused to give her a field sobriety test before sex, or for them to go to the bar equipped with a breathalyzer in case some girl chased after them across a parking lot (with apparent steady gait) to get into their car. I don't know which way to go, so I think I could be a good juror. If the state proves they raped her, then I'd vote to convict. If the state fails to meet its burden, then I would vote to acquit. I have drawn no conclusion on this.
This post was edited on 1/30/23 at 9:51 am
Posted by tigerinthebueche
Member since Oct 2010
38122 posts
Posted on 1/30/23 at 9:38 am to
quote:

Nakamoto


well if Nakamoto says it, it must be true. There's never been an investigative journalist who is tougher on corruption than him. I mean just look at what hes done with the current Baton Rouge corruption.

Ever think maybe- just maybe- Nakamoto is a tad biased too?And thats why he's being asked to give a (critical) interview? Nakamoto himself couldn't possibly be compromised could he?
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/30/23 at 9:39 am to
quote:

Remember the uncle even said something about how he couldn’t believe how easy it was. He is also the one who said she was drunk, drunk. I mean drunk. People keep attributing that to Washington (who is clearly a rapist) but it was the uncle who said it.



That's not what the affidavit says.


fricking love the downvotes of simple factual posts
This post was edited on 1/30/23 at 9:46 am
Posted by HouseMom
Member since Jun 2020
1933 posts
Posted on 1/30/23 at 9:40 am to
quote:

The actual rapists are worse, but they're all pretty awful.


Yes, I was being "unhinged" again lol. But really, the more I think about the part played by the driver and the uncle, the more their guilt rises in my mind.

They just sat in the front seat and watched/filmed this all going down. So gross.

And if it does turn out that what happened in the backseat was, in fact, consensual, they still dropped her off on the side of the road, very late at night, in the freezing cold. Zero regard for life or the safety of a lone female.
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/30/23 at 9:40 am to
quote:

Yes, I was being "unhinged" again lol. But really, the more I think about the part played by the driver and the uncle, the more their guilt rises in my mind.

They just sat in the front seat and watched/filmed this all going down. So gross.

And if it does turn out that what happened in the backseat was, in fact, consensual, they still dropped her off on the side of the road, very late at night, in the freezing cold. Zero regard for life or the safety of a lone female.


They're absolute pieces of shite no doubt.
Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 1/30/23 at 9:41 am to
quote:

You think his assessment of the video trumps an actual blood test done by a profesisonal in a medical setting?


From a defense perspective, whats on those videos could absolutely trump a bac level in the eyes of a jury.

Look, I have never been pro-rapist in this entire thread. However, some are refusing to accept any new details as the come to light. Thats not fair either.

It will be extremely hard for me to believe this girl was a willing participant to anal sex in a backseat with an audience, no lube, "unprepped". My mind just cant comprehend it.
Posted by Chad504boy
4 posts
Member since Feb 2005
179415 posts
Posted on 1/30/23 at 9:41 am to
quote:

, they couldn’t believe she wanted to have sex with all of them.

Like, “Am I dreaming? You want to have sex?” “You sure you want to have sex?” You really want to?” Ok, you sure?”

Remember the uncle even said something about how he couldn’t believe how easy it was.


didn't the judge say that she was slurring words in the video he saw. there's a lot of dancing around the fact that these guys raped a severely drunk and volatile girl. All of this rumoured behavious goes back to a girl that is very drunk, like drunk drunk, drunk. Still so drunk that she exits a vehicle and get ran over 3-4 minutes later.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 1/30/23 at 9:41 am to
quote:

Because like 99% of the posters here, they couldn’t believe she wanted to have sex with all of them.


She was running after them because she didn’t have a phone and she knew there was no other way she could possibly get home. She probably came to that realization as the bar was closing.
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/30/23 at 9:42 am to
quote:

However, some are refusing to accept any new details as the come to light. Thats not fair either.



Those rumored details just don't jive with anything that currently available. I'll need to see it (metaphorically anyway) to believe it.
Posted by lsu13lsu
Member since Jan 2008
11827 posts
Posted on 1/30/23 at 9:43 am to
quote:

She was running after them because she didn’t have a phone and she knew there was no other way she could possibly get home. She probably came to that realization as the bar was closing.


I thought we needed to burn Reggies down because she worked there and everyone knew her there.

Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 1/30/23 at 9:43 am to
quote:

Those rumored details just don't jive with anything that currently available. I'll need to see it (metaphorically anyway) to believe it.


Fair enough.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479190 posts
Posted on 1/30/23 at 9:43 am to
No in an arrest warrant is bad because it's a summary and extremely biased on one sided. There's going to be a full investigative report that will likely be extremely bad for the defendants, and it will also be biased, but it will have a lot more detail and that will be something much more reliable to discuss because it will have a lot more depth in context as to how the alleged statements were given and what the alleged statements actually were
This post was edited on 1/30/23 at 9:44 am
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