A Louisiana appeals court barred defense attorneys from using Madison Brooks’ sexual history to fight rape charges.
As previously noted by CrimeOnline, authorities stated that Brooks, a 19-year-old student at Louisiana State University, departed Reggie’s Bar in Tigerland alongside Casen Carver, Kaivon Washington, Desmond Carter, and Everett Lee in the early hours of January 15, 2023. The group proceeded to a parking lot, where Washington and Carter purportedly sexually assaulted her in the backseat of Carver’s car.
Reportedly, the individuals informed law enforcement that they subsequently left Brooks at a residence in the Pelican Lakes neighborhood. Shortly after, she wandered onto the road and was fatally struck by a Lyft driver.
Police subsequently charged Washington, Carter, and Carver with rape. Prosecutors included Carver despite no evidence he had sex with Brooks.
During the proceedings, attorneys for Carver and Carter contended that fresh evidence, disclosed a year following Brooks’ passing, indicated that she had engaged in consensual rough intimacy with another person the day before. They argued that her autopsy injuries resulted from that particular encounter rather than the alleged assault.
In March 2024, District Attorney Hillar Moore said the motion violated the Louisiana Code of Evidence, which requires courts to keep a victim’s past sexual behavior in sealed documents, according to ABC 2.
In a 2-1 decision this week, the First Circuit Court of Appeal ruled that defendants cannot use the sexual history as evidence.
“The fundamental right to present a defense does not require the trial court to admit irrelevant evidence or evidence with such little probative value that it is substantially outweighed by other legitimate considerations,” according to the ruling.
“One such consideration is the rape shield law. The trial court has not yet ruled on the admissibility of the expert opinion that injuries to M.B. may be ‘suspicious for sexual assault’ and thus whether the origin of the injuries may implicate (exceptions).”
The decision overturned District Judge Gail Horne Ray’s previous decision to make the “evidence admissible,” The Advocate reports. Ray is handling the rape cases of Casen Carver and Desmond Carter in the 19th Judicial District Court.
Judges Steven Miller and Hunter Greene supported the prosecution, while Judge Beth Wolfe opposed the ruling.
Following Brooks’ death, Reggie’s Bar lost its liquor license, while the bar owner was banned from serving alcohol in Louisiana. The agreement was made between bar owner Darin Adams and the Office of Alcohol and Tobacco Control attorneys.
The agreement was approved by Louisiana Alcohol and Tobacco Control Commissioner Ernest Legier, who also shut the bar down indefinitely to the current owners.
A wrongful-death lawsuit filed by Brooks’ father claimed she consumed 24 shots and had a blood alcohol level of at least 0.282, more than three times the legal driving limit for adults.
[Feature Photo: Handout]
