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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/31/23 at 5:44 pm to
Posted by jdd48
Baton Rouge
Member since Jan 2012
23940 posts
Posted on 1/31/23 at 5:44 pm to
Given the sensitivity around this case, I still wouldn't rule out a possible venue change.
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/31/23 at 5:46 pm to
If they try it in certain parishes in North Louisiana, all four will get life sentences.
Posted by FatBaldandGray
Member since Jan 2019
121 posts
Posted on 1/31/23 at 5:50 pm to
quote:

Understood, and IDK how a medical lab operates either.

Just going off the fat, bald guy's notes.

But if the tech had his cert, the instruments in cal, and procedures followed, gonna be uphill, upwind fight to get the BAC# dismissed.


We don't know whether the evidence was ran through Lake's lab, the coroner's lab, or the LSP lab.

In a perfect world their equipment will be calibrated using a standard curve. Basically you mix up different concentrations of what you're looking for in-house and run them through the analyzer to calibrate it. Then you run a known blank through it to verify that it reads 0. After that you run an independent calibration verification through (a sample that has been analyzed by a gold standard lab) to make sure that you didn't screw up making your calibration samples. After that, you run the client samples. After every few samples you run another blank and calibration verification sample. Once the blanks start showing anything other than 0 or the calibration verification sample starts skewing off, you shut everything down, clean it, and start the whole process over again. If done correctly, it's accurate.

I can be certain that the coroner and LSP would use the above procedure since they're guaranteed to have to defend their results in court. I don't know about Lake's lab protocol since I imagine very few of their samples wind up tied to a criminal case.
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/31/23 at 5:55 pm to
Thank you for your insight.

I got this from a DWI defense lawyer re attacking BAC blood samples.

Likely attack methods by defense?

quote:


quote:

Three potential reasons for an erroneous blood test include:

Storage Problem

The typical procedure for a technician to draw blood from a suspect is to use a vacutainer, which is a vacuum sealed device. This seal helps protect the sample from contamination. Every vacutainer has a specific expiration date. If this expiration date passes, it is no longer guaranteed. Due to the routine nature of the task, technicians commonly overlook the step of checking if the expiration date is still valid.

Another potential storage issue is if the seal is faulty. If this is a factor in the collection and storage process, the integrity of the chemicals that are utilized to measure blood alcohol level can be impacted.
Insufficient Amount of Sodium Fluoride

Another reason for an erroneous blood alcohol test is if the proper amount of sodium fluoride is not present when testing. Sodium fluoride is added to the test tube. A slight increase or decrease of this element can cause the blood sample to report a higher result than it really should.

This reason can also be impacted by the aforementioned one. If a seal is not intact, bacteria can make its way to the vial. One common bacterial form is resistant to sodium fluoride. If there is not enough sodium fluoride in the tube, the bacteria can grow in its place and taint the sample.

Insufficient Amount of Potassium Oxalate

Another factor that can impact the results of a blood test is potassium oxalate. If there is not enough of this compound, the blood will clot. When the blood clots, the ratio of liquid to solid is impacted, which can cause an erroneous result that shows the blood alcohol content higher than it is in reality.



Link to the article: LINK
Posted by FatBaldandGray
Member since Jan 2019
121 posts
Posted on 1/31/23 at 6:04 pm to
I could see all of the above causing issues in a case where sample tested 0.085 and got a DWI. The preservative issues could be a problem if the sample sat on a shelf for weeks without being tested. I think this blood was drawn from a still living girl (life support), analyzed quickly (likely at the lab at Lake), and it came back extremely high in ethanol. It wasn't even a marginal amount of alcohol that a DWI lawyer could argue lab or sampling errors on.
This post was edited on 1/31/23 at 6:07 pm
Posted by HodsonTiger13
Member since Jan 2023
737 posts
Posted on 1/31/23 at 6:10 pm to

If the video inside the bar shows Madison stopped drinking an hour before she left and it was an hour from the time she left to the call to police about her being struck = 2 hours.

Assume some time to get to the hospital.

Any estimate of the BAC at time of rape?

So it was .319 at time tested at hospital. Go back an hour, what would it have been?

Assume no alcohol was consumed as she was inside their vehicle as well.

Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/31/23 at 6:13 pm to
quote:

It's a fact that they talk about the OJ case when they discuss jury nullification.


I hope not in trial ad.
Posted by FatBaldandGray
Member since Jan 2019
121 posts
Posted on 1/31/23 at 6:16 pm to
That's outside of my realm of knowledge. I am an analytical chemist. Gonna need one of the OT MD's to opine on hepatic metabolism. I do know that even that calculation is going to be highly dependent on the person. Think of the drunk Indian (feather not dot) stereotype. It's because Native Americans don't produce very much alcohol dehydrogenase (the enzyme in your liver that breaks down ethanol). An Indian (feather) drinks a couple beers and is totally shitfaced for a long period of time because his body can't excrete it.
This post was edited on 2/1/23 at 6:32 am
Posted by lctiger
Member since Oct 2003
3432 posts
Posted on 1/31/23 at 6:44 pm to
So many factors it’s hard to guess. Would expect it to be higher by ..016 to .032 based on average metabolism rates per hour. However there is no way of knowing how much alcohol in the stomach at the time she stopped drinking. If for example she had just drank a pint of bourbon and had some food in stomach, her blood alcohol level may have slowly increased in the 1-2 hours after she stopped drinking due to more alcohol being absorbed through stomach than is being metabolized by liver.

ETA-the statement Reggie’s pit out that she didn’t drink for 1 hour before leaving is beneficial to prosecution as it could have been argued that she draNk a lot right before she left, it hadn’t been absorbed yet And her BAC at the time of rape was much lower than it was when she was hit by car
This post was edited on 1/31/23 at 7:11 pm
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/31/23 at 6:54 pm to
quote:

I hope not in trial ad.


Remember they kept OJ jurors locked up for 253 days and presented with 156 witnesses.

After that, most people would have reasonable doubt about what planet they are on.

Classic example of more is less when it comes to persuasion.
This post was edited on 1/31/23 at 6:58 pm
Posted by FatBaldandGray
Member since Jan 2019
121 posts
Posted on 1/31/23 at 7:28 pm to
I'm going to tread lightly here since I picture my LSU sophomore daughter's face in these articles instead of Madi's and it makes me physically ill.

LINK

It looks like she was able to generously donate her heart and kidneys. I'm going to go out on a limb and say that her liver, lungs, spleen, and pretty much any fragile organ was a write off due to the wreck. The part I'm uncertain about is whether a liver laceration/trauma would halt her alcohol metabolism at the time of the accident. It's been running through my mind, but I connect this too much to my own Tigers to dwell on it with any degree of certainty.
Posted by JudgeHolden
Gila River
Member since Jan 2008
18566 posts
Posted on 1/31/23 at 7:37 pm to
If the defense has to highlight how badly injured she was to discredit the BAC, that’s a tough row to hoe.
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 1/31/23 at 7:40 pm to
This thread has gone from a total shitshow to one that is respectful and incredibly informative. Bravo.
Posted by lctiger
Member since Oct 2003
3432 posts
Posted on 1/31/23 at 7:41 pm to
Decreasing blood flow to liver would slightly slow down alcohol metabolism but in this case I don’t think enough to be significant, I say that because the time between the accident and her arrival to ER was likely very short, it’s within a couple of miles to OLOL
Posted by Rebel
Graceland
Member since Jan 2005
144247 posts
Posted on 1/31/23 at 7:41 pm to
Is this the longest thread in TD history?
Posted by drizztiger
Deal With it!
Member since Mar 2007
48141 posts
Posted on 1/31/23 at 7:45 pm to
quote:

JudgeHolden
Would you mind giving a quick synopsis on new stuff today and any new developments.

I'm trying to catch up outside of Angel stuff. Thanks in advance.
Posted by t00f
Not where you think I am
Member since Jul 2016
102208 posts
Posted on 1/31/23 at 7:45 pm to
Lol
Posted by The Truth 34
Chavez Ravine
Member since May 2010
41809 posts
Posted on 1/31/23 at 7:46 pm to
quote:

Is this the longest thread in TD history?


Feel like hurricane Ida was longer
Posted by FatBaldandGray
Member since Jan 2019
121 posts
Posted on 1/31/23 at 7:49 pm to
quote:

If the defense has to highlight how badly injured she was to discredit the BAC, that’s a tough row to hoe.


There's some delicate wording here because I'm hoping that someone that knows better than I do can come in and fill a void. I really don't like talking about this case because I have a two tiger daughters with a third heading that way (I threaten them with BYU or Alaska State but TOPS seems to drive the boat). If they didn't use her liver and lungs, the trauma was bad. If she had pounded a shitload of liquor leaving the bar and suffered stomach/digestive trauma and spillage with liver trauma, how would this affect her BAC. Ive backspaced this post out twice before I finally hit submit, but I think this is going to be the prosecutor's problem.
This post was edited on 1/31/23 at 7:53 pm
Posted by ell_13
Member since Apr 2013
88151 posts
Posted on 1/31/23 at 7:54 pm to
I appreciate your informative posts but if it’s causing you that much stress, it’s not worth it.
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