Madison Brooks case: Defense's new motion is 'attempt to circumvent rape shield laws,' lawyer says
WARNING: GRAPHIC CONTENT
Lawyers defending two of Madison Brooks' alleged rapists want her cellphone as "a way to circumvent rape shield laws to get her sexual history," a lawyer representing Brooks' mom said.
Joe Long, who is representing one of the four suspects — Casen Carver — filed a motion to get Brooks' cellphone data from the 72 hours before the Louisiana State University student was allegedly raped and subsequently fatally struck by a car in Baton Rouge during the overnight hours of Jan. 14-15.
Long declined to comment to Fox News Digital, citing a gag order, but he told local news outlet WAFB that they have a right to know the origin of Brooks' physical trauma, which a coroner attributed to sexual assault.
The motion was fiercely debated in court, with prosecutors arguing that the defense doesn't have a right to Brooks' phone or sexual history, but the judge ruled last week in Long's favor.
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The district attorney is appealing the decision in an emergency hearing, according to Kerry Miller, a lawyer who is representing Brooks' mom.
In the meantime, the trial judge essentially paused records from being turned over to the defense until Nov. 13 to give the appellate court time to issue a ruling, Miller said Monday.
The East Baton Rouge District Attorney's Office didn't respond to Fox News Digital's request for comment.
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Long told WAFB that they believe Brooks' phone has important information that would benefit his client.
"We know from other things that my client certainly did not cause any injury to Madison Brooks," Long told WAFB. "So, we are entitled then to find out if someone other than the defendants caused this injury."
Miller disagreed, calling the motion "offensive."
"It's just a way to circumvent the rape shield laws, poorly circumvent the victim's rights, I might add, and I think the appellate court will see that, too," he said.
A public defender representing another suspect, Desmond Carter, filed the same motion, but hasn't commented on the filing.
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Disturbing details about Brooks' physical injuries and trauma became public knowledge when her autopsy was leaked by the defense to the media, which Brooks' mom said in a previous interview took an "emotional toll" on her and her family.
The leak sparked a side spectacle that forced the district attorney to restrict discovery access for each lawyer representing the four suspects in the case and prompted an emergency court hearing that set up parameters of a gag order.
Brooks, 19, was a sophomore at LSU when she was drinking in Reggie's Bar in the university's social hotspot Tigerland, which is a dimly-lit, sidewalk-barren area where crime has been on the rise.
Four suspects — Carver; Carter; Kaivon Washington, 18; and Everett Lee, 28 — were indicted on charges connected to Brooks' alleged rape.
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After the alleged rape in one of the suspect's cars, they let Brooks out on the side of a busy, four-lane highway in Baton Rouge, where she stumbled into the street and was fatally struck by an oncoming car.
The driver stayed at the scene and called 911, while good Samaritans pulled over to try to save her.
Emergency personnel responded and rushed her to a hospital, where she ultimately died.
Carver, 18, and Carter, 17, were indicted on third- and first-degree rape charges. Despite his age, Carter will be tried as an adult.
Lee was charged with principal to third-degree rape, and Washington was charged with third-degree rape.
All the suspects have pleaded not guilty to all charges and maintained their innocence.
Their lawyers have argued the sex was consensual and went as far as saying this would not even be a criminal case if Brooks did not die.