re: Deputies arrest 4 in LSU student Madison Brooks case

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what point is legally too drunk?

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There is no definitive, scientific threshold in this case. It’s slightly subjective. The legal definition is what he quoted. So you have to define “stupor” and determine if she knew what was happening. That’s why the videos in the car are so important. The second part of the statute is that the accused need to be aware of her state as well. And we know they were based on their own words. It’s a slam dunk case for that reason and not because of BAC or how many times they tried to bring her home. Those two pieces of evidence are important to the narrative though. And narrative is what can sway a jury.

Thanks to you and ELL for clearing that up.

I was afraid I could be considered a serial rapist. My gf in college liked her wine.

I believe most states have removed statue of limitations where sex crimes are involved.

I was about to put SFP on retainer just in case.

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I believe most states have removed statue of limitations where sex crimes are involved.

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I vaguely recall that third degree rape in Louisiana still has a time limit for prosecution. But I'd have to look it up.

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I was about to put SFP on retainer just in case.

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You don't want to win your trial?

You know the asking several times is consistent with what the 12yo in LP said, she said he kept asking “come on come on”

She fell twice in the bar once while she was sitting. It was described but not seen. That’s going to be just as convincing as the walk across the parking lot. I think what the defense really wanted to show was that she left with them willingly because prior to the video there were a lot of people still thinking they waiting outside to kidnap an unsuspecting drunk girl. You have to remember that 90% of the public doesn’t read past a headline and another 9% won’t read the affidavit. They didn’t know she was hanging with them for over 3 hours before they left together.

The prosecution will have doctors and toxicologists lining up to be experts and testify that with a bac of .32 the victim could not give informed consent. But that in short bursts someone could walk or run in a manner which would make her seem less intoxicated.

The defense will have a very difficult time finding any expert that is licensed and hasn't been ridiculed by the scientific community to say that at .32 the victim was able to give informed consent to have sex.

The defense will have to attack the .32 reading and try to get the jury confused with scientific testimony.

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.08 for driving, and .20 for vehicular homicide.

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what does this mean? is there a difference legally or with charges if you kill someone with .08 as opposed to .20?

Nice to see the Scooby Gang is all here.

Since my morning plans were rained out, and I was called out about it, can we explore the video voyeurism possibilities.

Assume - since they had multiple videos in the car and three are 17 and 18 year olds they did video the rape.

Here's the statute:

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LA Rev Stat § 14:283 (2018)

§283. Video voyeurism; penalties

            A. Video voyeurism is any of the following:

            (1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:

            (a) It is for a lewd or lascivious purpose.

            (b) The observing, viewing, photographing, filming, or videotaping is as described in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a reasonable expectation of privacy.

            (2) The transfer of an image obtained by activity described in Paragraph (1) of this Subsection by live or recorded telephone message, electronic mail, the Internet, or a commercial online service.

            B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection, whoever commits the crime of video voyeurism shall, upon a first conviction thereof, be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than two years, or both.

            (2) On a second or subsequent conviction, the offender shall be fined not more than two thousand dollars and imprisoned at hard labor for not less than six months nor more than three years without benefit of parole, probation, or suspension of sentence.

            (3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than one year or more than five years, without benefit of parole, probation, or suspension of sentence.

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Person has not consented. .319 = can't consent.

Would this be an additional charge if video (can be recovered even if they tried to delete it) is found on the phones?

Someone said it was crazy to suggest if they sent it, "Yo, here's me with some drunk chick last night. Check this out." (video attached). The receiver getting it wouldn't be guilty.

But the video is illegally created. Is it like other illegal sexual content (child porn) where just having it on a device (phone or computer) = CRIME?

Or would they have to know it was illegally created to be criminal responsible for possessing it?

Might be some friends of the defendants wondering about these issues today.

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You know the asking several times is consistent with what the 12yo in LP said, she said he kept asking “come on come on

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Derailing a bit here to gain some knowledge. I realize a report was made regarding the 12yo getting raped by Washington, but was a rape kit ever collected or were there any other witnesses. And if not, how will they go about prosecuting him for this rape.