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re: Madison Brooks case: Defense's new motion

Posted on 10/18/23 at 2:16 pm to
Posted by nola tiger lsu
Member since Nov 2007
6900 posts
Posted on 10/18/23 at 2:16 pm to
quote:

How is her sexual history relevant to them raping a woman too drunk to consent?


That was literally answered in the article, to show whether anything happened in that time frame that could have caused the trauma other than with the people in that car.
Posted by Whosonfirst
Member since Apr 2022
129 posts
Posted on 10/18/23 at 2:38 pm to
quote:

So i guess we can enter into account Mr. Washington's rape history as well.


Boom.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 10/18/23 at 2:52 pm to
quote:

So i guess we can enter into account Mr. Washington's rape history as well.

quote:

Boom.

Posted by AlwysATgr
Member since Apr 2008
20073 posts
Posted on 10/18/23 at 3:23 pm to
quote:

Madison Brooks was so fricking drunk she got ran over and killed in the middle of a fricking road supposedly by an uber driving 15 mph in a rain storm.


What is the source for these details?

I followed the original thread pretty closely and never heard the speed of the vehicle mentioned.

Also, I don't think it was raining. It was just above freezing at 2AM but I could not find reports of rain. There was a British newspaper that reported rain I think and since then it's made its way into the narrative stream.

Otherwise, I agree with Chad. What happened after she got out is pretty telling as to her frame of mind.
Posted by elposter
Member since Dec 2010
26522 posts
Posted on 10/18/23 at 3:29 pm to
quote:

The family has no standing to argue or make motions in a criminal case. Only the DA can. SO your point about the Mother not opposing it in court is meaningless.


That wasnt my point. My point was to the guy in the thread acting as if the mother’s comments on the issue were the only thing that matters/only thing that shoild be discussed. I was simply pointing out that unfortunately her comments matter as much as yours and mine in the judicidual proceedings on this motion (zero) so we should discuss the arguments actually made by the attorneys. Thats all.
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 10/18/23 at 3:37 pm to
quote:

so we should discuss the arguments actually made by the attorneys


A rational discussion on arguments and merits of the case for both sides on this board is not happening..
Posted by Oilfieldbiology
Member since Nov 2016
41275 posts
Posted on 10/18/23 at 3:40 pm to
quote:

That's gonna be the crux IMO. What if there are texts from her in the car telling a friend she's about to frick several dudes?


What if she’s too drunk to text but the alleged rapists take her phone and send the texts?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
146251 posts
Posted on 10/18/23 at 3:41 pm to
quote:

To sane people, absolutely. To a jury of their peers in a BR court, very well likely could work

A jury is considered the fact finders but very rarely are any of them legal scholars... no matter how often the judge reads the applicable law to the case

The defense is just looking for 1 nugget that might strike a chord with 1 juror that can get a not guilty verdict or at least a hung jury

But hey... that's the system we use... even in a case that might be considered clear cut... it's the defense's job to make sure the state has the evidence to leave no lingering questions b/c even the smallest lingering question could lead to an acquittal

You never know what little tidbit of information a jury will latch onto

As someone said before... this trial will probably suck for the poor girl's family but it might end up having to be the price to pay for justice to prevail
Posted by thejuiceisloose
Member since Nov 2018
6062 posts
Posted on 10/18/23 at 3:43 pm to
quote:

What if she’s too drunk to text but the alleged rapists take her phone and send the texts?


Most phones have passwords and how would these strangers know who to text?
Posted by Oilfieldbiology
Member since Nov 2016
41275 posts
Posted on 10/18/23 at 3:44 pm to
quote:

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


Of the night or from a different night?
Posted by JDPndahizzy
JDP
Member since Nov 2013
6918 posts
Posted on 10/18/23 at 3:45 pm to
quote:

As someone said before... this trial will probably suck for the poor girl's family but it might end up having to be the price to pay for justice to prevail


Yeah I couldn't imagine having to go through that.

You're also right, a jury can latch on to the smallest thing that may seem irrelevant to the both the prosecution or defense teams.
Posted by Rick9Plus
Baton Rouge
Member since Jul 2020
2430 posts
Posted on 10/18/23 at 3:48 pm to
quote:

Most phones have passwords and how would these strangers know who to text?


Ackchewaly, it could be done. They take the phone and stick it in front of her face for facial recognition. They find the top few text convos and send the texts to those, skipping any that say “mom” or “grandma.”

But these specimens of Walker’s finest aren’t that smart.
Posted by Oilfieldbiology
Member since Nov 2016
41275 posts
Posted on 10/18/23 at 3:49 pm to
quote:

It's amazing the lengths some of these posters are trying to go to in order to justify the behavior of the rapists.


I don’t think ANYONE is doing that. I think posters are only stating the reasoning for the defense attorneys to request the cell phone data.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
146251 posts
Posted on 10/18/23 at 4:00 pm to
quote:

I don’t think ANYONE is doing that. I think posters are only stating the reasoning for the defense attorneys to request the cell phone data.

It's a very adversarial process... gloves come off and mud gets thrown (figuratively speaking of course)

The key will be the judge and his/her "strike zone"... will they have a judge who will let everything ride and allow everything to enter the record or will they have a judge that will keep it all narrowly focused?

Or will they have the judicial equivalent of Angel Hernandez and the decisions end up all over the place
Posted by Chad504boy
4 posts
Member since Feb 2005
175935 posts
Posted on 10/18/23 at 4:02 pm to
quote:


What is the source for these details?


something was said towards the end of that thread.

i don't have the energy to go find it and i'm not even saying that its been validated or anything else. I think in the post they even mentioned something about a brain or neck/spinal injury from the hit.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
44877 posts
Posted on 10/21/23 at 7:10 am to
Nancy Grace discussed the defense’s motions on her program yesterday.

LINK
Posted by idlewatcher
Planet Arium
Member since Jan 2012
92299 posts
Posted on 10/21/23 at 7:27 am to
quote:

Regardless of what side of this case you're on, it's a pretty brilliant motion by the defense.


Painting her as a sloot won’t help them no matter what her history is. Plus, she is already on audio/video telling rapey to gtf off her.
Posted by LSUtoBOOT
Member since Aug 2012
19085 posts
Posted on 10/21/23 at 7:37 am to
quote:

What are they attempting to find on her phone? That she regularly enjoys getting raped and gangbanged by men in a car? Lunacy

They want any shred of information that can be used to justify acquittal by any non-white jurors. If the glove don’t fit you must acquit.
Posted by lsupride87
Member since Dec 2007
108203 posts
Posted on 10/21/23 at 7:49 am to
quote:

Painting her as a sloot won’t help them no matter what her history is
With a jury? Yes it will

quote:

Plus, she is already on audio/video telling rapey to gtf off her.
True, this is very helpful for the prosecution. They also have video of her chasing after them as they are trying to leave without her

Remember, they are just trying to convince jury members. Not legal scholars
This post was edited on 10/21/23 at 7:51 am
Posted by Stexas
SWLA
Member since May 2013
6835 posts
Posted on 10/21/23 at 7:57 am to
quote:

Nancy Grace

Is she still alive? Is it 2005 again?
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