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Started By
Message
re: Deputies arrest 4 in LSU student Madison Brooks case
Posted on 2/8/23 at 9:21 am to HodsonTiger13
Posted on 2/8/23 at 9:21 am to HodsonTiger13
quote:
What do you think, Judge, the monitor/read vs. post ratio is on this thread topic? 100 to 1? Perhaps higher if people are just searching the web on a 'deep dive' on the topic and aren't TD members.
Hard to know. There are loudmouth regulars and continuous lurkers. Only Chicken knows for sure.
quote:
Grand jury was suggested by the DA's office.
Grand jury or no grand jury? Who decides?
A little outside my lane, but I am pretty sure the DA decides whether to invoke a grand jury.
Whether to invoke a grand jury depends on the charge. Look at Code of Criminal Procedure 382.
quote:
A prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury.
Remember that grand jury proceedings are secret. Neither the grand jurors nor the prosecutor can discuss what is said or presented to the grand jury. That said, any witness called to the grand jury is free (IIRC) to state what was asked and what the witness said.
Also remember that grand jury proceedings are one-sided. New York State chief judge Sol Wachtler reportedly said that “a grand jury would indict a ham sandwich, if that's what [the prosecutor] wanted."
1
Posted on 2/8/23 at 7:39 pm to RogerTheShrubber
Great find on that video.
Although this alcohol test was a Chemical Breath Test and known to be slightly less accurate than a BAC test, it looks like a very good comparison. The Chemical Breath Test on this guy was tested at .36 and higher than Ms. Brooks BAC test of .319. Even with a margin of error it seems to be very comparable.
As we can see in the video link below, he can stand, walk and even drive his truck at .36.
LINK
Although this alcohol test was a Chemical Breath Test and known to be slightly less accurate than a BAC test, it looks like a very good comparison. The Chemical Breath Test on this guy was tested at .36 and higher than Ms. Brooks BAC test of .319. Even with a margin of error it seems to be very comparable.
As we can see in the video link below, he can stand, walk and even drive his truck at .36.
LINK
This post was edited on 2/8/23 at 7:41 pm
Posted on 2/9/23 at 1:22 am to TigerFWTX
The Page 349 list was updated with the Real Life, Real Crime link and the link to poster "BrianFlanagan" claim that she left her phone from p. 240.
My convictions until someone can present evidence to the contrary:
1) As a follower of Jesus Christ I believe every person bears the image of God and has an inherent sanctity, liberty, and dignity that is forfeited when one infringes on another's (Gen. 9:6). The back seat of a car with others watching and filming is not the place.
2) That she was discarded sometime before 3AM in freezing cold temps, unsure of her whereabouts, and disoriented when any of the four could have summoned an Uber or they could have taken her to a warm/lighted place or called 911 but didn't, tells me something was not right regardless of what her gait was in Reggie's parking lot.
My convictions until someone can present evidence to the contrary:
1) As a follower of Jesus Christ I believe every person bears the image of God and has an inherent sanctity, liberty, and dignity that is forfeited when one infringes on another's (Gen. 9:6). The back seat of a car with others watching and filming is not the place.
2) That she was discarded sometime before 3AM in freezing cold temps, unsure of her whereabouts, and disoriented when any of the four could have summoned an Uber or they could have taken her to a warm/lighted place or called 911 but didn't, tells me something was not right regardless of what her gait was in Reggie's parking lot.
Posted on 2/9/23 at 3:51 am to AlwysATgr
quote:
As a follower of Jesus Christ I believe every person bears the image of God and has an inherent sanctity, liberty, and dignity that is forfeited when one infringes on another's (Gen. 9:6).
quote:
until someone can present evidence to the contrary:
Matthew 18:21
Matthew 6:14
Luke 6:37
Luke 17:3
Mark 11:25
This post was edited on 2/9/23 at 3:52 am
Posted on 2/9/23 at 7:14 am to inspectweld
quote:
As we can see in the video link below, he can stand, walk and even drive his truck at .36.
The defense is going to probably invest alot in her supposedly running after them. But I'm sure the prosecution will be able to counter that
Posted on 2/9/23 at 7:23 am to Beef Tips
quote:
wonder if she was fully clothed when dropped off. If so, did she put clothes back on or did the thugs.
This is a good question. And another good question is how did she get undressed for sex? If her clothes were removed for her, then that could be beneficial for the prosecution. If she removed her own clothing, then that could benefit the defense.
Posted on 2/9/23 at 7:45 am to clip11
quote:
And another good question is how did she get undressed for sex? If her clothes were removed for her, then that could be beneficial for the prosecution. If she removed her own clothing, then that could benefit the defense.
This will be unknowable unless someone flips.
Posted on 2/9/23 at 7:58 am to JudgeHolden
quote:
This will be unknowable unless someone flips.
It wouldn’t surprise me if they videoed it.
Posted on 2/9/23 at 7:59 am to upgrade
We will see.
Posted on 2/9/23 at 8:06 am to JudgeHolden
The affidavit indicated that it was said that “we got dressed” .. who knows if it’s accurate info from the perp or not.
Doesn’t mention undressing.
Doesn’t mention undressing.
Posted on 2/9/23 at 8:07 am to tiger91
It does say that. And it implies that she got dressed on her own.
Posted on 2/9/23 at 8:11 am to upgrade
They made video of everything else. My guess is they deleted it - not realizing it's still there (iCloud, data on phone once it is 'cracked' by an expert).
May also show a more active involvement of the two guys in front area (making video - video voyeurism; cheering, laughing, possibly holding her down). Video will show all that.
As for flipping, I'd expected Casen (18, driver, didn't have sex with Madison) to be the most likely to flip. But the racial politics there would be an issue - DA 'cutting a deal' with the one white defendant. Other front seat rider was 28 and should have stopped the whole thing and is an uncle of one of the rapist. Unlikely to flip. Washington, facing a life sentence in LP, might flip on the others in hopes of getting out of jail this lifetime.
Judge, how are you seeing the 'levels of culpability' here and odds of each defendant 'flipping'? You always come up with some reasonable analysis.
May also show a more active involvement of the two guys in front area (making video - video voyeurism; cheering, laughing, possibly holding her down). Video will show all that.
As for flipping, I'd expected Casen (18, driver, didn't have sex with Madison) to be the most likely to flip. But the racial politics there would be an issue - DA 'cutting a deal' with the one white defendant. Other front seat rider was 28 and should have stopped the whole thing and is an uncle of one of the rapist. Unlikely to flip. Washington, facing a life sentence in LP, might flip on the others in hopes of getting out of jail this lifetime.
Judge, how are you seeing the 'levels of culpability' here and odds of each defendant 'flipping'? You always come up with some reasonable analysis.
Posted on 2/9/23 at 8:14 am to HodsonTiger13
I’d flip the older guy. He’s got the lowest level of culpability, as far as we know, and pleading him out avoids the racial issues.
Posted on 2/9/23 at 8:16 am to JudgeHolden
That’s how I told it .. but that doesn’t mean that’s what happened in reality. 
Posted on 2/9/23 at 8:18 am to tiger91
Exactly.
Posted on 2/9/23 at 8:18 am to JudgeHolden
Would there then be an outrage racially that the driver didn’t get the option to flip? Or would they count on One demographic not being as outraged as the other?
Posted on 2/9/23 at 8:18 am to JudgeHolden
True. He's also likely got some kind of record if he's a 'street pharmacist' as some have suggested and knows the game. But the family/uncle issue might be a problem for him. Does seem the likely candidate though.
Posted on 2/9/23 at 8:20 am to tiger91
quote:
Would there then be an outrage racially that the driver didn’t get the option to flip?
Well, practically speaking, I don’t think it would have the same impact.
Joe Long could hold a press conference. But what is he going to say? They wouldn’t plead my guy, who drove them around and stopped so she could be let out?
The optics of pleading out the only white guy are bad. O think that’s just reality. It might not be fair or right. But it’s real.
Posted on 2/9/23 at 8:25 am to HodsonTiger13
quote:
Other front seat rider was 28 and should have stopped the whole thing
I would say that based on what we know, he was the least culpable. He could say that even though he's older, they're still grown men and under no obligation to obey him. It wasn't his vehicle, it was the driver who drove to the secluded area and parked the vehicle long enough for the other 2 to perpetrate a rape.
You can say that he should have called the police. As for trying to physically stop them, I don't know how that would fly legally, because that would set a precedent.
Should a bystander who is not a LEO be required to physically intervene and thus put their safety at risk to stop a crime or else be guilty of the crime they are observing?
I think if anyone had the strongest argument for their charges just being totally dropped or being found not guilty at trial, it would be the 28 year old.
Unless, his participation turns out to be more than we know.
In order of culpability Washington and the 17 year old are the worst culprits. The owner/driver of the vehicle comes next and Lee is last.
Far as the racial angle goes, that could be a problem but here's what I would do.
Ok, let's assume the 28 year old just sat in the front seat and did nothing else. I would be willing to dismiss his charges. While still holding charges against the white driver and lean on him to testify against the other 2. This way, I could kind of stop it from being seen as racially biased.
The prosecutor biggest priority in this case is to get the 2 rapists. So if that meant dropping the charges against the 28 year old, I would be willing to do that.
This post was edited on 2/9/23 at 8:33 am
Posted on 2/9/23 at 8:39 am to tiger91
Given the people openly posting on Facebook threads (with their names and identities known) there's a huge 'racial divide' in the case in the minds of potential jurors. Coming off the events of the past few years especially.
Flipping and 'going easy' on the one white defendant? For sure, it'd be difficult politically for the D.A. to do that and difficult with the prosecution in a likely 50/50 or 60/40 African-American/white jury pool in EBR.
Clip, I agree with Clip's analysis of culpability of the four based on what we know today. Could shift radically if video of the actual events comes to light.
Judge, if after the interviews contained in the affidavit, the perps went home and deleted videos of that night... that a crime to destroy evidence? Or would it only be after they were charged? Assuming there was video.
If they used phones, the video is still there in some digital form.
Flipping and 'going easy' on the one white defendant? For sure, it'd be difficult politically for the D.A. to do that and difficult with the prosecution in a likely 50/50 or 60/40 African-American/white jury pool in EBR.
Clip, I agree with Clip's analysis of culpability of the four based on what we know today. Could shift radically if video of the actual events comes to light.
Judge, if after the interviews contained in the affidavit, the perps went home and deleted videos of that night... that a crime to destroy evidence? Or would it only be after they were charged? Assuming there was video.
If they used phones, the video is still there in some digital form.
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