LA - Madison Brooks, 19, LSU Student Was Allegedly Raped Before She Was Fatally Struck by Car, Jan 2023 *4 Men Arrested*
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KNinTX
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She does appear coordinated in the video, however she does run right in front of a car driving down the street to catch up with the guys. To me, that could indicate she’s intoxicated.
May she rest in peace. A horrible tragedy no matter how you look at it. My condolences to her family and loved ones.
steeltowngirl
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During a bond hearing last week, 19th Judicial District Judge Brad Myers said he personally had viewed footage related to the case, according to local news station WAFB-TV.
Specifically, Myers said he watched a video of Brooks and the suspects from inside the vehicle, according to the report. Myers said that the footage, which was allegedly taken by one of the four suspects, depicted the others "callously" laughing at Brooks, who appeared to slur as she spoke, according to the report.
Myers also saw footage that showed Brooks inside Reggie’s earlier in the night as she struggled to stand up and could be seen falling, WAFB reported. Police records show Brooks had a blood-alcohol content of 0.319% at the time of her death.
www.foxnews.com
Specifically, Myers said he watched a video of Brooks and the suspects from inside the vehicle, according to the report. Myers said that the footage, which was allegedly taken by one of the four suspects, depicted the others "callously" laughing at Brooks, who appeared to slur as she spoke, according to the report.
Myers also saw footage that showed Brooks inside Reggie’s earlier in the night as she struggled to stand up and could be seen falling, WAFB reported. Police records show Brooks had a blood-alcohol content of 0.319% at the time of her death.
Madison Brooks' family 'blown away' by claims LSU student 'would not have complained' about alleged rape
The attorney for the grieving mother of LSU student Madison Brooks has said he's "blown away" by claims made by one of the suspect’s lawyers that she "would not have complained at all."
steeltowngirl
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Madi’s Facebook page
Sarahlou
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I'm absolutely disgusted but sadly not surprised that a comment like that was made.
Strong1
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The defense attorney is making a lot of claims. The question is can he actually back them up? But I don't understand his need to put this stuff out now. If in fact he has this info wouldn't it be best to not divulge it now? The fact he has put this out there makes me believe he grasping at straws trying create reasonable doubt.
A Judge has already overridden his first claim that video would prove consent……so My sense of trust in him is gone.
Will anyone in the jury - or even in a Grand Jury - believe that someone with that high a blood alcohol level can give consent? I think that is unlikely, along with the other evidence that we know of so far - the video from inside the bar with MB falling all over the place, and the video from inside the car. I think it will be enough for the rape charges, but unsure if there will be enough evidene for the prosecution to charge them with manslaughter, although I hope they are able to go for it and succeed.
Allabouttrial
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TRANSCRIPTION OF INTERVIEW WITH MADI'S MOM'S ATTORNEY
30TH JANUARY
(Questions appear to have been redacted from the video)
Attorney - My name's Kerry Miller, I'm an Attorney at the Fishman Haygood firm in New Orlean's and I represent Ashley Baustert, the mom of Madison Brooks.
(Redacted question)
Attorney - Well Chris, first, they're absolutely devastated. This family is in tremendous, tremendous pain from what happened. The services are this Friday, 3rd. Feb., coming up. At this point, they haven't been very vocal and I'm only appearing in limited circumstances to make sure that Madison is not blamed as a victim. She was raped. Rape is rape. It's just a horrific, terrible situation and to the extent that those involved, with the alleged rapist, want to blame the victim and show up at press conferences and say things, that we can talk about in a minute. We're standing up for Madi, that's not right. We're not going to allow any victim blaming to occur here. She was a victim of an horrific rape which led to her death.
And in the second message, more to the general public is, about Madi's legacy and it really goes to never having to have another family feel the pain and devastation that Madi's having. This kind of terrible incident, you know, is avoidable on many different levels. So her foundation and her legacy is going to bring awareness to this. It's actually going to provide for things, you know, buddy systems, monitoring systems, more video surveillance, ability to make calls. Just to protect girls who can find themselves in a similarly vulnerable situation. So in essence, those are the two messages that are coming from Madi's family during this very, very sad, traumatic time.
(Redacted question)
Attorney - In general, I mean that's part of the investigation. That's really just at the beginning. I think it's very unfortunate that someone would leak a two second video to advance some interest, that's part of this victim blaming campaign, really despicable and reprehensible in my opinion. There is already evidence out there, including sworn statements by two of the rapists, that they gave to officers after they were interviewed, the day after the crime, about how intoxicated Madi was. About how they knew it was the wrong thing to do and so why are we not seeing that? We know that they presented at their bond hearing, a video to the judge and the judge says 'this confirms that she's intoxicated, she's slurring her speech, this does not help you'. So whoever's releasing one 2 second snippet of something that lasted over the course of four or five hours. Why are you doing that when you know that it's contradicted by those who were at the scene and perpetrated the crime and knew Madi's condition? There are plenty of videos, also, that are mentioned in sworn affidavits that talk about Madi's condition at the bar, showing clear intoxication. So yeah, I think that's very unfortunate and that's part of why I'm here is just not allow those who engage in victim blaming, because if you do, we're going to come back, we're going to set the record straight so that the world is focused on the fact that Madi is the victim and what Madi's legacy is moving forward.
(Redacted question)
Attorney - I think there's gonna be a lot. I really can't, because that's part of the police investigation. I'm aware of some, just by virtue of being in contact with the DA's office, but I think it would be premature for me to comment on the totality of the video situation, but I think it's going to be extensive and really show the picture.
(Redacted question)
Attorney - Of a rape, yeah, I was blown away by that comment. I mean, their client's gave sworn statements that they raped a young girl who was intoxicated and so what does he mean by that? That had she not been run over by a car seconds after being dropped off in the middle of the road, that they wouldn't have come forward and admitted their guilt? I guess that's what he means, because clearly a crime was committed, and I think that'll be proven in a court of law.
(Redacted question)
Attorney - Yeah, lots of things will be coming up next. Like I mentioned earlier, this investigation is only at its infancy and look, the objective here is to hold everyone who was responsible, accountable for what their role was in this. Obviously the big thing is, is one of these rapists involved in Madi's case was just arrested, again, involving the rape of a 12 year old, two years ago. So that is a huge development. You know, obviously if you're dealing with a serial rapist type situation, an individual or a group of individuals who prey upon 12 year olds, who prey upon young women who are vulnerable because of intoxication, then that puts this case in a completely different light and really makes the comments that were made by the defendants lawyers really all the more offensive and ridiculous. Because at the time that they were holding that conference, Friday afternoon, at the very time they were holding that conference, Mr. Washington was being arrested and brought back to jail for raping a 12 year old, and they knew it and that was an attempt to divert public attention that they knew was going to come out. So this case has taken on a completely different step. Look and I think the more we learn about these defendants were going to find more things out about this. This was not a chance encounter. I think we're going to find out was, this was part of a pattern and practise of their particular behaviour. So that's a big aspect of it and obviously you have additional toxicological information that's going to come in, it's going to confirm, I think, some of the early findings, but those things are still at the lab and you'll have to wait and see that and you'll have other video footage and certainly witness interviews of people who were at the bar and around during that night.
(Redacted question)
Attorney - Look, I'm not part of the DA's office and we have all the confidence in the world of law enforcement here in Baton Rouge that they're going to get this right and get it just right. But, that other rape, that rape of a 12 year old, I mean, that is aggravated rape or first degree rape in Louisiana and many other States and carries a mandatory life sentence, and if that case proceeds first, and it might, and I'm just saying it might because the incident happened two years ago as opposed to two weeks ago and there's a conviction in that case, that could completely be a relevant factor and a hugely determining factor in the extent of the conviction and convictions in Madi's case. It becomes relevant evidence in Madi's case and you're dealing with a serial rapist so... I don't think we're going to see a lot of victim blaming, or at least I hope we don't, from their defense team, because, I mean, what are they going to say next? That the 12 year old consented? I mean, just ridiculous and offensive.
(Redacted question)
Attorney - Yeah just at the end. It's really, moving forward, unfortunately we can't bring Madi back. Just a lovely sweet 19 year old girl, honor student, just got accepted into Mass Communication Course at LSU, so her life was cut tragically way too short. But she does have a legacy and she does have a foundation and if you Google you can find her foundation. It's really about - What can we do to make sure this never happens again? so that young girls like Madi are not victimised, bring awareness, sort of like what happened with Mad, I mean that's really what the objective is, is to not have this happen again and do it in a meaningful visible way.
30TH JANUARY
(Questions appear to have been redacted from the video)
Attorney - My name's Kerry Miller, I'm an Attorney at the Fishman Haygood firm in New Orlean's and I represent Ashley Baustert, the mom of Madison Brooks.
(Redacted question)
Attorney - Well Chris, first, they're absolutely devastated. This family is in tremendous, tremendous pain from what happened. The services are this Friday, 3rd. Feb., coming up. At this point, they haven't been very vocal and I'm only appearing in limited circumstances to make sure that Madison is not blamed as a victim. She was raped. Rape is rape. It's just a horrific, terrible situation and to the extent that those involved, with the alleged rapist, want to blame the victim and show up at press conferences and say things, that we can talk about in a minute. We're standing up for Madi, that's not right. We're not going to allow any victim blaming to occur here. She was a victim of an horrific rape which led to her death.
And in the second message, more to the general public is, about Madi's legacy and it really goes to never having to have another family feel the pain and devastation that Madi's having. This kind of terrible incident, you know, is avoidable on many different levels. So her foundation and her legacy is going to bring awareness to this. It's actually going to provide for things, you know, buddy systems, monitoring systems, more video surveillance, ability to make calls. Just to protect girls who can find themselves in a similarly vulnerable situation. So in essence, those are the two messages that are coming from Madi's family during this very, very sad, traumatic time.
(Redacted question)
Attorney - In general, I mean that's part of the investigation. That's really just at the beginning. I think it's very unfortunate that someone would leak a two second video to advance some interest, that's part of this victim blaming campaign, really despicable and reprehensible in my opinion. There is already evidence out there, including sworn statements by two of the rapists, that they gave to officers after they were interviewed, the day after the crime, about how intoxicated Madi was. About how they knew it was the wrong thing to do and so why are we not seeing that? We know that they presented at their bond hearing, a video to the judge and the judge says 'this confirms that she's intoxicated, she's slurring her speech, this does not help you'. So whoever's releasing one 2 second snippet of something that lasted over the course of four or five hours. Why are you doing that when you know that it's contradicted by those who were at the scene and perpetrated the crime and knew Madi's condition? There are plenty of videos, also, that are mentioned in sworn affidavits that talk about Madi's condition at the bar, showing clear intoxication. So yeah, I think that's very unfortunate and that's part of why I'm here is just not allow those who engage in victim blaming, because if you do, we're going to come back, we're going to set the record straight so that the world is focused on the fact that Madi is the victim and what Madi's legacy is moving forward.
(Redacted question)
Attorney - I think there's gonna be a lot. I really can't, because that's part of the police investigation. I'm aware of some, just by virtue of being in contact with the DA's office, but I think it would be premature for me to comment on the totality of the video situation, but I think it's going to be extensive and really show the picture.
(Redacted question)
Attorney - Of a rape, yeah, I was blown away by that comment. I mean, their client's gave sworn statements that they raped a young girl who was intoxicated and so what does he mean by that? That had she not been run over by a car seconds after being dropped off in the middle of the road, that they wouldn't have come forward and admitted their guilt? I guess that's what he means, because clearly a crime was committed, and I think that'll be proven in a court of law.
(Redacted question)
Attorney - Yeah, lots of things will be coming up next. Like I mentioned earlier, this investigation is only at its infancy and look, the objective here is to hold everyone who was responsible, accountable for what their role was in this. Obviously the big thing is, is one of these rapists involved in Madi's case was just arrested, again, involving the rape of a 12 year old, two years ago. So that is a huge development. You know, obviously if you're dealing with a serial rapist type situation, an individual or a group of individuals who prey upon 12 year olds, who prey upon young women who are vulnerable because of intoxication, then that puts this case in a completely different light and really makes the comments that were made by the defendants lawyers really all the more offensive and ridiculous. Because at the time that they were holding that conference, Friday afternoon, at the very time they were holding that conference, Mr. Washington was being arrested and brought back to jail for raping a 12 year old, and they knew it and that was an attempt to divert public attention that they knew was going to come out. So this case has taken on a completely different step. Look and I think the more we learn about these defendants were going to find more things out about this. This was not a chance encounter. I think we're going to find out was, this was part of a pattern and practise of their particular behaviour. So that's a big aspect of it and obviously you have additional toxicological information that's going to come in, it's going to confirm, I think, some of the early findings, but those things are still at the lab and you'll have to wait and see that and you'll have other video footage and certainly witness interviews of people who were at the bar and around during that night.
(Redacted question)
Attorney - Look, I'm not part of the DA's office and we have all the confidence in the world of law enforcement here in Baton Rouge that they're going to get this right and get it just right. But, that other rape, that rape of a 12 year old, I mean, that is aggravated rape or first degree rape in Louisiana and many other States and carries a mandatory life sentence, and if that case proceeds first, and it might, and I'm just saying it might because the incident happened two years ago as opposed to two weeks ago and there's a conviction in that case, that could completely be a relevant factor and a hugely determining factor in the extent of the conviction and convictions in Madi's case. It becomes relevant evidence in Madi's case and you're dealing with a serial rapist so... I don't think we're going to see a lot of victim blaming, or at least I hope we don't, from their defense team, because, I mean, what are they going to say next? That the 12 year old consented? I mean, just ridiculous and offensive.
(Redacted question)
Attorney - Yeah just at the end. It's really, moving forward, unfortunately we can't bring Madi back. Just a lovely sweet 19 year old girl, honor student, just got accepted into Mass Communication Course at LSU, so her life was cut tragically way too short. But she does have a legacy and she does have a foundation and if you Google you can find her foundation. It's really about - What can we do to make sure this never happens again? so that young girls like Madi are not victimised, bring awareness, sort of like what happened with Mad, I mean that's really what the objective is, is to not have this happen again and do it in a meaningful visible way.
Allabouttrial
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New to the case. Should I transcribe the Defense Attorney's conference or not? Sounds like there was a lot of victim blaming going on so maybe people don't want to see it in writing??
steeltowngirl
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Manslaughter seems to fit..
(2) A homicide committed, without any intent to cause death or great bodily harm.
(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the person; or
(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently dangerous, and the circumstances are such that the killing would not be murder under Article 30 or 30.1.
(3) When the offender commits or attempts to commit any crime of violence as defined by R.S. 14:2(B), which is part of a continuous sequence of events resulting in the death of a human being where it was foreseeable that the offender's conduct during the commission of the crime could result in death or great bodily harm to a human being, even if the offender has no intent to kill or to inflict great bodily harm. For purposes of this Paragraph, it shall be immaterial whether or not the person who performed the direct act resulting in the death was acting in concert with the offender.
Louisiana Laws - Louisiana State Legislature
steeltowngirl
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Please do, if you are able and willing. Your transcriptions are the best on WS, IMO, and so very valuable. Appreciate you, @Allabouttrial !
Allabouttrial
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TRANSCRIPTION OF PRESS CONFERENCE WITH DEFENSE ATTORNEY'S
27TH JANUARY
Attorney Haley - Good afternoon, everyone. We have found ourselves at a point in our careers that none of us have imagined. We have families, we have mothers, we have sisters and daughters. A string of events ultimately led to the unfortunate death of a young girl, Madison Brooks, and this, of course, has captured the attention of our city, the state and the nation. We do not intend on trying this case in the media. We do, however, intend to state the pertinent facts of this case, while being as sensitive as possible to all parties involved.
Here are the facts of the case with the latest developments - Miss Brooks was confirmed on video, dancing and talking with the juvenile defendants inside of the bar. Miss Brooks exited the bar, approached the defendants and asked them for a ride, which was confirmed on video, which was released last night. The two defendants who engaged in a consensual sexual act with Miss Brooks did so after obtaining verbal consent. The way this is being reported and taken out of context, from the police report, is factually inaccurate. Miss Brooks asked to be dropped off at a sorority sisters house in Pelican Lakes. The driver complied. Miss Brooks left the car on her own volition, saying that she would get an Uber. She is seen on video leaving the car, unharmed and in good health. This will be confirmed by video at a later date.
Now, this is a very important clarification. The video taken in the car is only a conversation between the parties and do not depict any sexual acts. That was not specified when it was mentioned previously, for any fault of ours, we apologize. As the facts of this case continue to come forth we believe that intent and consent will be very clear. While we understand that the media has a duty to inform the public, we will not release these videos now. We are working with the DA and will allow the judicial process to take place. Again, we will not try this case in the court of public opinion or in the media.
While this is a horrible tragedy, resulting in a horrific accident, we truly believe the facts will prove that this was not a rape. We meet here, only today, to correct the record on some of the allegations that have been made against our client's. We hope that the public will understand and that we cannot and will not share everything that we have, both out of duty as officers of the court and out of respect for the victim's family. Now, at this time, I'm going to invite Attorney Long up with me and we'll take any questions that the media has.
Reporter - The other video that you mentioned (inaudible) conversation between your client's and Miss Brooks - Can you talk about the timeline and give us a better picture? Was that after the encounter? I know (inaudible) it doesn't show (inaudible) happened?
Attorney Haley - Yes, it is.
Reporter - Can you all talk about how law enforcement investigating a (inaudible) crash, turning this into a rape investigation?
Attorney Long - I'd have to talk to the Sheriff's Office about that. We don't know what led them to do this. We have our ideas but we're not going to speculate.
Reporter - Can you speak to the video that was released late last night about all the parties leaving the bar around 1:50 last night? Can you talk a little about that video?
Attorney Long - We didn't release the video (hmm he didn't say the attorney's released it). I think that was WBRZ who released the video but it confirms what we've said all along, that my client left... my client and their client's all left and they were getting ready to leave and Miss Brooks approached them from the bar, and I think the video is the best evidence of what happened, but it's consistent with what our client's have always told the police.
Reporter - Mr. Haley, you mentioned verbal consent was obtained. Law enforcement records are clear that Miss Brooks had a very high level of blood alcohol of .319. How can you obtain verbal consent from someone who is that intoxicated?
Attorney Haley - Well, I will say this - that we plan on hiring expert witnesses. If anyone does any casual research on what a .319 is, that is alcohol poisoning and potential death. Based on her actions that evening, leading up to getting into the car with the young men, based on the fact that information from Reggie's have come out to say that she did not have any other alcoholic beverage from around 12:15 to the time that she left, gives us reason to believe that the results of that... those results are inaccurate.
Attorney Long - I would just add that, if you have a .319, your motor skills shut your body down, you can't walk, you can't talk, you're lapsing in and out of blackout and you risk death. Read it. Read the symptoms of a .319 BAC. The evidence that we've seen so far, on the video, of Miss Brooks running across the street in front of Reggie's that undermines the police version of events and until our experts can look at what happened, we believe that the BAC, that they're saying, is inaccurate.
Reporter - Can you explain the charges?
Attorney Long - Yeah, two of them, Mr. Washington, who was in the front seat and Mr. Carver, who was in the front seat, they have been charged with principle to third degree rape, which means they aided or abetted or assisted the other two men in the rape. The other two men, the juvenile and Mr. Lee are charged with third degree rape, which means... excuse me, Mr. Washington, they're charged with third degree rape, which means that they had sex with her and she could not legally consent because of a condition of alcoholic stupor and if you read alcoholic stupor it says very much like the .319 says, it says - in and out of consciousness, incapable of talking, of walking, and we don't believe, that the evidence that we have, which we will show when the time is right, shows that she is in an alcoholic stupor at all, that she is aware of her surroundings, and we don't think that the state can prove that there was a crime here.
Reporter - Staying on those charges. The prosecutor (inaudible) possibly upgrading those charges to first degree rape, first degree principle to rape. What's your response to that?
Attorney Long - That's not what was said. If you were at the bail hearing, you know. You can get a transcript of it and find out what he really said. I'm not going to speak for the DA on that, but he did not say he was going to upgrade him to first degree.
Reporter - Well, he said on what evidence comes out, there's a possibility. I spoke with him after the fact (ouch).
Attorney Long - What do you have to have to prove first degree rape? You have to prove that it was non consensual, right? There's no in there about alcoholic stupor in first degree rape. You have to prove that it was non consensual. They would have a very difficult time proving any of that, but the DA's going to do whatever they can, they can charge you with whatever. We are confident that whatever charges end up being on our client's that we're going to prevail.
Reporter - So, was your client drinking as well?
Attorney Long - Well, any conversation that I had with my client, I'm not going to share with the media, but they did go to a bar, so you got common sense.
Reporter - A lot of people go to the bar. Some people don't even drink, they just go because they like going out. If she was drinking, they was drinking, they're saying that she didn't know (inaudible) they could be saying the same thing to (inaudible) right?
Attorney Long - Not going to answer about what my client was doing, but thank you for the question.
Reporter - What do you have to say about the other women that have said that they've also been raped by Washington?
Attorney Long - I didn't know anything about that, but I can just tell you this - Did they go to the police? Were they arrested? Were they indicted? Were they tried? We're not gonna argue about hypotheticals and rumors. All we know is - if there was any credible evidence that any of our client's had done anything like that, it would have come out in the bail hearing.
Reporter - Do you mind speaking a little bit more to the video that you all are withholding?
Attorney Long - We're not gonna speak to it at this time and you have to understand that we cannot give you all of our strategy, at this time. It's very early on in the case but I promise you that when we make the decision to release it, we'll release it and when you see it or when a reasonable jury sees it, they will know for sure that this was not a rape.
Reporter - Can you all speak to what role, defending this case in an unusual situation of having a sexual assault victim who's no longer alive, will play in your defense?
Attorney Long - Well, that's an interesting question. We believe if Miss Brooks was alive, this would not be a crime. She would not have complained about it at all. And so the only reason it's there is because the understandable anger in the community wants someone to pay for her death. We understand that, but our client's did not do that.
27TH JANUARY
Attorney Haley - Good afternoon, everyone. We have found ourselves at a point in our careers that none of us have imagined. We have families, we have mothers, we have sisters and daughters. A string of events ultimately led to the unfortunate death of a young girl, Madison Brooks, and this, of course, has captured the attention of our city, the state and the nation. We do not intend on trying this case in the media. We do, however, intend to state the pertinent facts of this case, while being as sensitive as possible to all parties involved.
Here are the facts of the case with the latest developments - Miss Brooks was confirmed on video, dancing and talking with the juvenile defendants inside of the bar. Miss Brooks exited the bar, approached the defendants and asked them for a ride, which was confirmed on video, which was released last night. The two defendants who engaged in a consensual sexual act with Miss Brooks did so after obtaining verbal consent. The way this is being reported and taken out of context, from the police report, is factually inaccurate. Miss Brooks asked to be dropped off at a sorority sisters house in Pelican Lakes. The driver complied. Miss Brooks left the car on her own volition, saying that she would get an Uber. She is seen on video leaving the car, unharmed and in good health. This will be confirmed by video at a later date.
Now, this is a very important clarification. The video taken in the car is only a conversation between the parties and do not depict any sexual acts. That was not specified when it was mentioned previously, for any fault of ours, we apologize. As the facts of this case continue to come forth we believe that intent and consent will be very clear. While we understand that the media has a duty to inform the public, we will not release these videos now. We are working with the DA and will allow the judicial process to take place. Again, we will not try this case in the court of public opinion or in the media.
While this is a horrible tragedy, resulting in a horrific accident, we truly believe the facts will prove that this was not a rape. We meet here, only today, to correct the record on some of the allegations that have been made against our client's. We hope that the public will understand and that we cannot and will not share everything that we have, both out of duty as officers of the court and out of respect for the victim's family. Now, at this time, I'm going to invite Attorney Long up with me and we'll take any questions that the media has.
Reporter - The other video that you mentioned (inaudible) conversation between your client's and Miss Brooks - Can you talk about the timeline and give us a better picture? Was that after the encounter? I know (inaudible) it doesn't show (inaudible) happened?
Attorney Haley - Yes, it is.
Reporter - Can you all talk about how law enforcement investigating a (inaudible) crash, turning this into a rape investigation?
Attorney Long - I'd have to talk to the Sheriff's Office about that. We don't know what led them to do this. We have our ideas but we're not going to speculate.
Reporter - Can you speak to the video that was released late last night about all the parties leaving the bar around 1:50 last night? Can you talk a little about that video?
Attorney Long - We didn't release the video (hmm he didn't say the attorney's released it). I think that was WBRZ who released the video but it confirms what we've said all along, that my client left... my client and their client's all left and they were getting ready to leave and Miss Brooks approached them from the bar, and I think the video is the best evidence of what happened, but it's consistent with what our client's have always told the police.
Reporter - Mr. Haley, you mentioned verbal consent was obtained. Law enforcement records are clear that Miss Brooks had a very high level of blood alcohol of .319. How can you obtain verbal consent from someone who is that intoxicated?
Attorney Haley - Well, I will say this - that we plan on hiring expert witnesses. If anyone does any casual research on what a .319 is, that is alcohol poisoning and potential death. Based on her actions that evening, leading up to getting into the car with the young men, based on the fact that information from Reggie's have come out to say that she did not have any other alcoholic beverage from around 12:15 to the time that she left, gives us reason to believe that the results of that... those results are inaccurate.
Attorney Long - I would just add that, if you have a .319, your motor skills shut your body down, you can't walk, you can't talk, you're lapsing in and out of blackout and you risk death. Read it. Read the symptoms of a .319 BAC. The evidence that we've seen so far, on the video, of Miss Brooks running across the street in front of Reggie's that undermines the police version of events and until our experts can look at what happened, we believe that the BAC, that they're saying, is inaccurate.
Reporter - Can you explain the charges?
Attorney Long - Yeah, two of them, Mr. Washington, who was in the front seat and Mr. Carver, who was in the front seat, they have been charged with principle to third degree rape, which means they aided or abetted or assisted the other two men in the rape. The other two men, the juvenile and Mr. Lee are charged with third degree rape, which means... excuse me, Mr. Washington, they're charged with third degree rape, which means that they had sex with her and she could not legally consent because of a condition of alcoholic stupor and if you read alcoholic stupor it says very much like the .319 says, it says - in and out of consciousness, incapable of talking, of walking, and we don't believe, that the evidence that we have, which we will show when the time is right, shows that she is in an alcoholic stupor at all, that she is aware of her surroundings, and we don't think that the state can prove that there was a crime here.
Reporter - Staying on those charges. The prosecutor (inaudible) possibly upgrading those charges to first degree rape, first degree principle to rape. What's your response to that?
Attorney Long - That's not what was said. If you were at the bail hearing, you know. You can get a transcript of it and find out what he really said. I'm not going to speak for the DA on that, but he did not say he was going to upgrade him to first degree.
Reporter - Well, he said on what evidence comes out, there's a possibility. I spoke with him after the fact (ouch).
Attorney Long - What do you have to have to prove first degree rape? You have to prove that it was non consensual, right? There's no in there about alcoholic stupor in first degree rape. You have to prove that it was non consensual. They would have a very difficult time proving any of that, but the DA's going to do whatever they can, they can charge you with whatever. We are confident that whatever charges end up being on our client's that we're going to prevail.
Reporter - So, was your client drinking as well?
Attorney Long - Well, any conversation that I had with my client, I'm not going to share with the media, but they did go to a bar, so you got common sense.
Reporter - A lot of people go to the bar. Some people don't even drink, they just go because they like going out. If she was drinking, they was drinking, they're saying that she didn't know (inaudible) they could be saying the same thing to (inaudible) right?
Attorney Long - Not going to answer about what my client was doing, but thank you for the question.
Reporter - What do you have to say about the other women that have said that they've also been raped by Washington?
Attorney Long - I didn't know anything about that, but I can just tell you this - Did they go to the police? Were they arrested? Were they indicted? Were they tried? We're not gonna argue about hypotheticals and rumors. All we know is - if there was any credible evidence that any of our client's had done anything like that, it would have come out in the bail hearing.
Reporter - Do you mind speaking a little bit more to the video that you all are withholding?
Attorney Long - We're not gonna speak to it at this time and you have to understand that we cannot give you all of our strategy, at this time. It's very early on in the case but I promise you that when we make the decision to release it, we'll release it and when you see it or when a reasonable jury sees it, they will know for sure that this was not a rape.
Reporter - Can you all speak to what role, defending this case in an unusual situation of having a sexual assault victim who's no longer alive, will play in your defense?
Attorney Long - Well, that's an interesting question. We believe if Miss Brooks was alive, this would not be a crime. She would not have complained about it at all. And so the only reason it's there is because the understandable anger in the community wants someone to pay for her death. We understand that, but our client's did not do that.
steeltowngirl
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Wow. The defense attorney is disputing the .319 BAC. Medical examiner won’t be happy with that.
Megnut
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He's also not going to try the case in front of the media.
You know, like he just did.
So not okay.
JMO
DeDee
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I thoroughly researched a .319 alcohol level and posted the results in this thread.
At first, I thought she died with them so they left her in the Hwy. Then, I discovered in one article that stated she was standing in the road when she was hit by the vehicle. It didn't make sense that she could be standing with a .319 alcohol level esp after enduring tragic experiences with those guys. I'm shocked by Attorney Long's words. Madi, I am so sorry.
From the transcript:
Attorney Long - That's not what was said. If you were at the bail hearing, you know. You can get a transcript of it and find out what he really said. I'm not going to speak for the DA on that, but he did not say he was going to upgrade him to first degree.
Who knows how to obtain a copy of the transcript from the bail hearing?
At first, I thought she died with them so they left her in the Hwy. Then, I discovered in one article that stated she was standing in the road when she was hit by the vehicle. It didn't make sense that she could be standing with a .319 alcohol level esp after enduring tragic experiences with those guys. I'm shocked by Attorney Long's words. Madi, I am so sorry.
From the transcript:
Attorney Long - That's not what was said. If you were at the bail hearing, you know. You can get a transcript of it and find out what he really said. I'm not going to speak for the DA on that, but he did not say he was going to upgrade him to first degree.
Who knows how to obtain a copy of the transcript from the bail hearing?
PapillonVert
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Madi will be laid to rest today.
Is not rape, no matter the gender, already a crime? Also, I see nowhere where it is shown what gender the victim identifies as. If they would identify as a male would it still be gender based?
I really do not comprehend this line of thought. A crime is a crime.
Post-mortem BAC disputes are commonplace, at least in my experience. I’d venture that it’d be close to legal malpractice to not call the number into question in cases where BAC is important. There are so many variables, from sample type (vitreous humor, femoral, etc) to bodily trauma to time of death to sample storage. JMO.
I agree. Also to include that the instrument used to take the reading is calibrated.
Like it or not for a defense attorney to NOT bring these up would mean thwy is not properly doing their job, which would lead to challenges if/when found guilty.
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