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re: Deputies arrest 4 in LSU student Madison Brooks case
Posted on 1/31/23 at 4:13 pm to ell_13
Posted on 1/31/23 at 4:13 pm to ell_13
quote:
This is why women don't always report sexual assaults.
Because of a TD thread where nearly everyone has said they’re guilty?
No because they don't want to relive the nightmare in court.
And they surely do not want to hear that is had something to do with what they were wearing or said way earlier, etc. (On social media, by people they may know, or just strangers making comments because they are now in the public scrutiny)
This post was edited on 1/31/23 at 4:22 pm
3
Posted on 1/31/23 at 4:13 pm to LNCHBOX
People have been very supportive of her here. Now Facebook… that cesspool is a good example of what prosecutions have to overcome.
Posted on 1/31/23 at 4:14 pm to RogerTheShrubber
quote:
No one cares that they have kids in the school with the perp, or that you're a lawyer, or cop.
I certainly don't.
This is a matter of intense public interest. A young woman is dead and should not be. Four men are charged with rape, and their lawyer is aggressively defending it. It is worth discussing.
Personally, I have always tried to be respectful of the family. That said, whether this case goes to trial or not will depend on the DA and the defense attorneys' honest assessment of the case. I don't see trying to honestly assess it as being disrespectful to the victim, the accused, or the family.
Posted on 1/31/23 at 4:14 pm to madamsquirrel
quote:Exactly.
No because they don't want to relive the nightmare.
Posted on 1/31/23 at 4:14 pm to JudgeHolden
They drop Madison off and she's run over by the Uber driver.
Perhaps the question is: since the charges are rape that happened in the car and if consent was given or could be given due to the BAC, anything their contact (perps with victim) should not be heard by the jury.
Because, otherwise, jury would say, "well she died and where did they let her out and when" etc and be sidetracked mentally with a death. And the perps aren't charged with that. Yet.
Posted on 1/31/23 at 4:15 pm to madamsquirrel
quote:
And they surely do not want to hear that is had something to do with what they were wearing or said way earlier, etc.
FWIW, neither the victim's attire nor the victim's prior intimate history will come into evidence in this rape trial.
Posted on 1/31/23 at 4:18 pm to JudgeHolden
It hasn’t come up in this thread either that I’ve read.
Posted on 1/31/23 at 4:18 pm to HodsonTiger13
I've read that 3 times and have no clue what you're trying to say.
Posted on 1/31/23 at 4:19 pm to madamsquirrel
quote:
And they surely do not want to hear that is had something to do with what they were wearing or said way earlier, etc.
Yep.. known facts are few, but sociopaths don't care, there are rumors to explore.
Posted on 1/31/23 at 4:20 pm to HodsonTiger13
quote:
Perhaps the question is: since the charges are rape that happened in the car and if consent was given or could be given due to the BAC, anything their contact (perps with victim) should not be heard by the jury.
Because, otherwise, jury would say, "well she died and where did they let her out and when" etc and be sidetracked mentally with a death. And the perps aren't charged with that. Yet.
Ok. Technically what you are talking about is an article 403 argument. The defense would say that her death should not come into evidence because the probative value of that fact is substantially outweighed prejudice.
I'd say good luck with that, defense counsel. You will not win it.
--how are you going to explain why the victim is not there?
--her actions moments after the sexual encounter are highly probative of how intoxicated she was, no matter what the actions are.
--her being hit in the middle of Burbank shortly afterwards is pretty good proof she was not able to think clearly.
Her death, and the manner of her death, will almost certainly come into evidence.
This post was edited on 1/31/23 at 4:25 pm
Posted on 1/31/23 at 4:21 pm to BayouBlitz
quote:
I've read that 3 times and have no clue what you're trying to say.
See my comment above. I think he is alluding to a 403 argument.
Posted on 1/31/23 at 4:25 pm to ell_13
You must have trashy Facebook friends if you are seeing people taking up for the men more than on here. The only Facebook comments I've seen are questions like why haven't they also been charged with manslaughter, at least.
Posted on 1/31/23 at 4:26 pm to ryanlsu
I don’t have a Facebook. I only know about the comments people spoke about here under the WAFB and WBRZ articles.
Posted on 1/31/23 at 4:27 pm to JudgeHolden
Also, her time of death and the BAC is all key to Madison's condition at the time of the rape. She would have been even more intoxicated (assuming no alcohol was consumed in the vehicle) at the time of the rape than at the time she arrived at the hospital and blood drawn.
So, for sure, jury will hear it all.
Be hard for a jury to consider the rape aspect alone and not that it all led to Madison's death.
So, for sure, jury will hear it all.
Be hard for a jury to consider the rape aspect alone and not that it all led to Madison's death.
Posted on 1/31/23 at 4:28 pm to ell_13
quote:
I only know about the comments people spoke about here under the WAFB and WBRZ articles.
My take. People posting frequently on Facebook are not representative of what the jury pool will be.
Posted on 1/31/23 at 4:29 pm to ell_13
If you look at Facebook WBRZ and WAFB you'll see people (with names and identities attached - so I hope the DA's office is saving all that) saying awful things. Sadly, black women seem to have posted the most harsh responses.
Look up one of the posted stories and read through the comments. Draw your own conclusions.
Look up one of the posted stories and read through the comments. Draw your own conclusions.
Posted on 1/31/23 at 4:29 pm to HodsonTiger13
quote:
Be hard for a jury to consider the rape aspect alone and not that it all led to Madison's death.
Of course. And that makes it a much tougher case for the defense than if she had found her way home and accused them.
Posted on 1/31/23 at 4:30 pm to ell_13
quote:
The defense lawyer doesn’t care if it would trend to up or down. All he or she needs is for it to be unreliable and wrong.
ell, I don't think this is correct.
The defense would not want the BAC value to trend down from the time she was struck. Not the same as being unreliable or wrong. IOW, the reported BAC is the lower bound.
From what the lab guy told, there is a very robust procedure in place.
Not a legal guy, but I think the defense is gonna be butting their heads trying to get the BAC tossed.
Posted on 1/31/23 at 4:33 pm to JudgeHolden
But Nak's story said the case "divided the community along racial lines."
I imagine the Facebook demographics reflect the overall bias (for or against conviction) in EBR Parish.
Many of the online comments are immediate disqualification-level.
Just ask this question to jurors, "Do you believe if a man is drinking, and a woman is drinking, and they have sex could that ever be considered rape?"
Heck, half off the jury with that one.
Who is your want / sort of want / sort of don't want / for sure don't want of the jury pool likely to show up in EBR?
I imagine the Facebook demographics reflect the overall bias (for or against conviction) in EBR Parish.
Many of the online comments are immediate disqualification-level.
Just ask this question to jurors, "Do you believe if a man is drinking, and a woman is drinking, and they have sex could that ever be considered rape?"
Heck, half off the jury with that one.
Who is your want / sort of want / sort of don't want / for sure don't want of the jury pool likely to show up in EBR?
Posted on 1/31/23 at 4:35 pm to AlwysATgr
Oh I’m definitely speculating with how the defense will attack the BAC. And I could absolutely be wrong with any of those details. My only argument last night that went on and on was how trauma could affect the results. It’s very rare and depends on the location and extent of the trauma itself.
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