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re: Madison Brooks case: Defense's new motion

Posted on 10/18/23 at 11:56 am to
Posted by Dizz
Member since May 2008
15949 posts
Posted on 10/18/23 at 11:56 am to
Said by the families attorney of course that is what they are going to say and should say. It doesn't make it any more accurate than what anyone else said.
Posted by elposter
Member since Dec 2010
26522 posts
Posted on 10/18/23 at 11:56 am to
quote:

how about you stop with the what ifs game and stick to what was said.



quote:

want her cellphone as "a way to circumvent rape shield laws to get her sexual history,"


This was said by the girl's mother. Of course she doesn't want her daughter's phone in the hands of defense counsel and potential dirty laundry aired about her dead daughter. What mother wouldn't have this reaction?

But why are you acting like that is the end of the matter and the only viewpoint to be discussed? The mother is not an attorney on the case and neither made nor opposed the motion in court.

The defense counsel that made the motion stated it was at at least partially on the grounds that the coroner attributed the victim's injuries to sexual assault and, therefore the defendant has the right to discover any evidence that the injuries could have been caused by other sexual encounters. I'm sure, as is normal, if they get the phone records and find other relevant evidence not on point with the grounds for receiving such evidence that they made in their original motion, they would make further motions to use said evidence for other purposes which a judge would have to decide.
This post was edited on 10/18/23 at 11:58 am
Posted by Salviati
Member since Apr 2006
7145 posts
Posted on 10/18/23 at 11:58 am to
Just because they get the information on the cell phone does not mean they will be able to use that information in court.
Posted by tigafan4life
Member since Dec 2006
50617 posts
Posted on 10/18/23 at 11:58 am to
quote:

2. If that’s all the prosecution can prove, the defense will use the intoxication of the defendants themselves and state her text messages would show she was the aggressor
Did they get the dudes blood alcohol level to even argue that?
Posted by lsupride87
Member since Dec 2007
108216 posts
Posted on 10/18/23 at 11:59 am to
quote:

Did they get the dudes blood alcohol level to even argue that?

1. Don’t know

2. They don’t need his blood alcohol level. They could use credit card receipts from night, witness, videos of him drinking, etc


This trial is going to suck for the family and friends of Brooks
This post was edited on 10/18/23 at 12:00 pm
Posted by TigerGman
Center of the Universe
Member since Sep 2006
13407 posts
Posted on 10/18/23 at 12:00 pm to
quote:

The mother is not an attorney on the case and neither made nor opposed the motion in court.


Ugh the article said the DA vigorously opposed it.
Posted by tigafan4life
Member since Dec 2006
50617 posts
Posted on 10/18/23 at 12:01 pm to
quote:

This trial is going to suck for the family and friends of Brooks
Yes and it seems like the defense wants to paint her as a whore.
Posted by elposter
Member since Dec 2010
26522 posts
Posted on 10/18/23 at 12:02 pm to
quote:

Ugh the article said the DA vigorously opposed it.



Of course the DA opposed it. What is your point?
Posted by lsupride87
Member since Dec 2007
108216 posts
Posted on 10/18/23 at 12:03 pm to
quote:

Yes and it seems like the defense wants to paint her as a whore.
Its their only defense. Brooks wanted and frequently had sex with multiple men and she was of sound mind to consent based on potential texts etc etc
Posted by Tvilletiger
PVB
Member since Oct 2015
5868 posts
Posted on 10/18/23 at 12:03 pm to
What they are looking for is if there could have been any other thing that happened in the 72 hours before she died that could have caused injuries.
Posted by OldManRiver
Prairieville, LA
Member since Jan 2005
7373 posts
Posted on 10/18/23 at 12:03 pm to
quote:

This trial is going to suck for the family and friends of Brooks

There are definitely screenshots of texts that have been circulating through the sororities since the incident, and rumors of more.

Regardless of the final verdict, her family is going to have to accept that a number of embarrassing and private things are going to come to light. It's unfortunate that has to happen to put away the animals that did this.
Posted by Rick9Plus
Baton Rouge
Member since Jul 2020
2430 posts
Posted on 10/18/23 at 12:05 pm to
Unpopular opinion but that poor girl should have been in rehab. I can’t believe that nobody in her sorority knew she had an alcohol problem. A supposedly reputable group at a large university needs to have a plan for members who are out of control.
Posted by tigafan4life
Member since Dec 2006
50617 posts
Posted on 10/18/23 at 12:05 pm to
quote:

There are definitely screenshots of texts that have been circulating through the sororities since the incident, and rumors of more.
saying what
Posted by Havoc
Member since Nov 2015
37500 posts
Posted on 10/18/23 at 12:06 pm to
I could see some relevance if whether the intercourse actually occurred was at issue, but it isn’t, it’s a consent issue. So why does it matter if she had sex recently prior to the rape? Unless they’re looking for a recent text saying “I can’t wait to go out get drunk and screw a few guys tonight” but even that would be questionable re consent.
Posted by lsupride87
Member since Dec 2007
108216 posts
Posted on 10/18/23 at 12:07 pm to
quote:

There are definitely screenshots of texts that have been circulating through the sororities since the incident, and rumors of more. Regardless of the final verdict, her family is going to have to accept that a number of embarrassing and private things are going to come to light. It's unfortunate that has to happen to put away the animals that did this.


It’s terrifying as a parent. Nothing below is blaming the victim

As a father, I can’t control or parent criminals. They are always going to exist and be present. You can only teach your children how to best avoid criminal interactions to the best of their ability and hope they listen

Always have friends around if you are going to be drinking, and as a woman, engaging in even what you think is consensual sex with strangers is a dangerous game
This post was edited on 10/18/23 at 12:08 pm
Posted by TheSadvocate
North Shore
Member since Aug 2020
4638 posts
Posted on 10/18/23 at 12:07 pm to
quote:

want her cellphone as "a way to circumvent rape shield laws to get her sexual history," a lawyer representing Brooks' mom said.


So they want to try and use the message history of a deceased girl to prove their clients aren't rapists? Who the frick are these people?
Posted by lsupride87
Member since Dec 2007
108216 posts
Posted on 10/18/23 at 12:08 pm to
quote:

I could see some relevance if whether the intercourse actually occurred was at issue, but it isn’
Yes it is. It’s very relevant to the first degree rape charges
Posted by Rick9Plus
Baton Rouge
Member since Jul 2020
2430 posts
Posted on 10/18/23 at 12:08 pm to
quote:

Always have friends around if you are going to be drinking, and as a woman,


She was in a sorority. For all the money parents pay for these groups, the fact that she was able to leave with those guys is beyond me. I know the sorority has no legal obligation but damn, i thought it meant something to be part of one.
Posted by teke184
Zachary, LA
Member since Jan 2007
103111 posts
Posted on 10/18/23 at 12:08 pm to
quote:

A supposedly reputable group at a large university needs to have a plan for members who are out of control.


You can have an intervention but you really can’t make them DO anything.


We had a guy who was a major drinker and it looked as if he was going to get an intervention at one point.

He was also a bartender and everyone, himself included, thinks he got roofied one night while working because of how out of it he was when he came home.
Posted by teke184
Zachary, LA
Member since Jan 2007
103111 posts
Posted on 10/18/23 at 12:10 pm to
quote:

So they want to try and use the message history of a deceased girl to prove their clients aren't rapists? Who the frick are these people?


One of them had been a problem individual at Walker HS a few years ago and everyone’s favorite principal decided he wasn’t allowed to punish him over things done off school grounds despite threats against people and making fun of people who recently died.


Not PROOF against this guy but it sure helps establish the level of character.
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