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Message
re: Deputies arrest 4 in LSU student Madison Brooks case
Posted on 2/23/23 at 4:34 am to HodsonTiger13
Posted on 2/23/23 at 4:34 am to HodsonTiger13
Still not much to say about the video. Too little to determine much if anything.
I doubt they’ll charge video voyeurism when they’ve got stout rape charges.
I think first degree might be a stretch from what we know. I do not think sequential rapes make it first degree.
Now that the minor is charged, he might be the one to flip. His consent case is much stronger than Washington’s. That’s all I got.
I doubt they’ll charge video voyeurism when they’ve got stout rape charges.
I think first degree might be a stretch from what we know. I do not think sequential rapes make it first degree.
Now that the minor is charged, he might be the one to flip. His consent case is much stronger than Washington’s. That’s all I got.
2
Posted on 2/23/23 at 6:46 am to JudgeHolden
quote:
His consent case is much stronger than Washington’s. That’s all I got.
How can you say that when the rapes happened back to back? Are you saying she was less drunk when she "consented" to Carter but then was more intoxicated and less able to consent when it was Washington's turn?
Posted on 2/23/23 at 6:47 am to clip11
quote:
How can you say that when the rapes happened back to back? Are you saying she was less drunk when she "consented" to Carter but then was more intoxicated and less able to consent when it was Washington's turn?
I’m saying there is evidence she was attracted to the 17 year old. I’m not saying she consented. I am saying his consent case is better.
Posted on 2/23/23 at 6:56 am to HodsonTiger13
Posted on 2/23/23 at 7:06 am to JudgeHolden
But it seems like the laws against having sex with an obviously intoxicated girl is written in the same legal spirit as statutory rape laws regarding age. In one scenario you can't consent due to intoxication and the other because of age.
For example, in my state the AOC is 16. If someone went to a bar and met a 15 year old and in the bar she supposedly drank, danced with and hugged them and later on they have sex (let's suppose she is sober) and somehow or another it gets found out, that would be statutory rape.
Her being attracted to the person, enjoying the sex or saying that if she was 16 she would have consented, none of that would matter because she couldn't give legal consent at the time.
Also, with her being intoxicated, how much of her behavior was "attraction" or her just being drunk?
For example, in my state the AOC is 16. If someone went to a bar and met a 15 year old and in the bar she supposedly drank, danced with and hugged them and later on they have sex (let's suppose she is sober) and somehow or another it gets found out, that would be statutory rape.
Her being attracted to the person, enjoying the sex or saying that if she was 16 she would have consented, none of that would matter because she couldn't give legal consent at the time.
Also, with her being intoxicated, how much of her behavior was "attraction" or her just being drunk?
Posted on 2/23/23 at 7:15 am to dallastigers
quote:
Illegals are more understandable.
And at least they work
Posted on 2/23/23 at 7:53 am to clip11
All good points. But let’s get practical. A jury is more likely to convict Washington than the 17 year old because there is evidence of attraction to the latter.
Posted on 2/23/23 at 7:58 am to clip11
Good analogy regarding age of consent.
There's also the fact this defendant is represented by the public defender's office. These offices have good lawyers but they are overloaded with far too many cases. In some cities it has become a Constitutional issue. The First Degree charge means the "let's go to trial and roll the dice" is rolling the dice with life in prison if they lose.
With that fear it becomes "Let's make a deal" and most defendants will plead guilty to a lesser charge or charges to avoid life.
But Judge can speak to all that better.
Judge, any reason they started with this defendant? Any guess which defendant will be next up with the grand jury?
Washington looking at charges similar to this.
The two 'front seat defendants' will be more interesting to see where the charges go for them.
There's also the fact this defendant is represented by the public defender's office. These offices have good lawyers but they are overloaded with far too many cases. In some cities it has become a Constitutional issue. The First Degree charge means the "let's go to trial and roll the dice" is rolling the dice with life in prison if they lose.
With that fear it becomes "Let's make a deal" and most defendants will plead guilty to a lesser charge or charges to avoid life.
But Judge can speak to all that better.
Judge, any reason they started with this defendant? Any guess which defendant will be next up with the grand jury?
Washington looking at charges similar to this.
The two 'front seat defendants' will be more interesting to see where the charges go for them.
Posted on 2/23/23 at 8:06 am to JudgeHolden
Sure, but her behavior can be explained by drunkenness as well. Plus since the issue is her being too intoxicated to consent, one would have to think if she was sober enough to consent to Carter, then she was sober enough to consent to Washington. She didn't get more drunk when it suddenly came time to have sex with Kaivon. I think it's either they have to convict both or acquit both unless one of them makes some special deal to avoid trial
Posted on 2/23/23 at 8:13 am to HodsonTiger13
quote:
The First Degree charge means the "let's go to trial and roll the dice" is rolling the dice with life in prison if they lose.
Assuming Washington gets the same charges, which he likely does, I think that both may end up pleading to the 3rd degree rape charges in return for dismissing the 1st degree charges and avoiding a trial. 3rd degree carries up to 25 years but they will probably be told that if they plea, they'll only do a few years and be out in their early 20s. Even if they did 10, their late 20s. That's a lot better than risking life.
And even with the 3rd degree, if they are convicted at trial, it can make it more likely that they will do a greater portion of that 25 years than if they just plea to it without a trial
Posted on 2/23/23 at 8:18 am to clip11
I could see that happening. Washington especially with the other charges he's facing not likely to go to trial in this one.
'Judge Holden' suggested these upgraded charges make the 17 y.o. more likely to flip. Perhaps testify against the two in the front seat. Not sure what they have to say that would help the prosecution that they already didn't say in the police interviews.
Btw, there's a video worth watching on YouTube: "Why you should NEVER talk to police" done by a lawyer and this case is another example of people 'explaining their way out of trouble' only to hand police what they need.
'Judge Holden' suggested these upgraded charges make the 17 y.o. more likely to flip. Perhaps testify against the two in the front seat. Not sure what they have to say that would help the prosecution that they already didn't say in the police interviews.
Btw, there's a video worth watching on YouTube: "Why you should NEVER talk to police" done by a lawyer and this case is another example of people 'explaining their way out of trouble' only to hand police what they need.
Posted on 2/23/23 at 8:23 am to HodsonTiger13
Without Washington's and Carvers statements admitting that they believed she was intoxicated, this could be more difficult because they could play the "we couldn't tell she was drunk" angle. Now since they admitted it, they can't back track. It would have been better for them if they just said nothing.
Posted on 2/23/23 at 8:25 am to HodsonTiger13
quote:
Btw, there's a video worth watching on YouTube: "Why you should NEVER talk to police" done by a lawyer and this case is another example of people 'explaining their way out of trouble' only to hand police what they need.
It would be a different case if they’d lawyered up. But maybe not much different.
They identified one early on. Say he refuses to talk. I think you still end up identifying the others.
From there, you get grand jury subpoenas on their phones, which will show them in the same locations as the driver. And it will show the videos.
Then you get DNA. Two of them are up on charges at this point. You’ve got the BAC and the medical evidence to show third degree.
It would have taken more work, but I think they’d get at least the two involved in the physical encounters.
This post was edited on 2/23/23 at 8:38 am
Posted on 2/23/23 at 8:29 am to JPLSU1981
quote:
Very unfortunate situation here for sure, but I have not been convinced beyond a reasonable doubt that a crime has occurred here….Yet.
I’d like to see the process play out and learn more facts.
Are you just recycling posts now?
Posted on 2/23/23 at 8:56 am to HodsonTiger13
quote:
Why you should NEVER talk to police
Best advice I have given my kids. If they would have not said anything this case maybe a little different.
It doesn't matter that they thought she consented; she was not just drunk she was practically black out level drunk. It's amazing she could walk at all.
Posted on 2/23/23 at 9:10 am to Big Gorilla
Posted on 2/23/23 at 10:56 am to HodsonTiger13
Back on 1/25 LSUAngelHere1 had the early drop on naming Desmond, the 17 y.o. before they took off this thread. That poster was definitely either Casen, or someone related to Casen.
Posted on 2/23/23 at 11:00 am to tritiger
I think her son played ball with Carver.
Posted on 2/23/23 at 11:19 am to tigerskin
It speaks to her level of education and the socio-economic circle in which she lives. I'd keep my mouth shut at the Waffle Houses around BR. I prefer my waffles with a side of don't beat me.
This post was edited on 2/23/23 at 11:20 am
Posted on 2/23/23 at 11:22 am to tritiger
I imagine anyone in Walker could have told you that. Rumor spreads quickly in cases like this.
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