New filing in Madison Brooks case seeks info from unnamed LSU student
Madison Brooks trial grand jury(WAFB)
By WAFB Staff
Published: Mar. 11, 2024 at 5:44 PM CDT|Updated: Mar. 11, 2024 at 8:34 PM CDT
BATON ROUGE, La. (WAFB) - An attorney representing one of the suspects in the rape case of Madison Brooks claims an LSU student had consensual sexual relations with Brooks the day prior to her death.
The attorney claims that information, if true, could help exonerate his client. In the new court filing, the attorney says it is crucial that he be allowed to subpoena and interview that unidentified male LSU student. Attorney Joseph J. Long filed the “Motion for Preliminary Examination” on Monday, March 11, 2024.
District Attorney Hillar Moore said by phone late Monday, that Long’s motion is “totally improper” under the law, and he will object to it.
Brooks, a 19-year-old LSU student, died days after being run over by a car on Burbank Drive on January 15, 2023, after being left on that roadway. Hours prior to being run over, Brooks got into a vehicle with four males as they were leaving a bar near LSU. Prosecutors say Brooks was too intoxicated that evening to legally consent to sex.
Prosecutors have since filed rape charges against all four of those male suspects. Three of those suspects have been indicted, including Casen Carver, the driver of the vehicle.
Because Carver was indicted, he does not have a constitutional right to a preliminary examination, except for when there is a need for preservation of evidence. Carver’s attorney, Long, argues in his new motion that a preliminary examination should be allowed in order for him to try to get statements under oath from the male student as well as from a female friend of Brooks.
The lawyer claims Brooks allegedly had sexual relations with the student in the early morning hours of January 14th, the day prior to her being run over. Long says results from the Brooks autopsy showed signs that are consistent with sexual intercourse. Long claims that could have happened during her alleged sexual encounter with the LSU student, nearly 24 hours before.
In his filing, Long alleges that a close female friend of Brooks picked Brooks up from the student’s home and “can testify to her and MB’s (Madison Brook’s) intimate conversation during their car ride, including MD’s admissions about sex” with the student.
The attorney says the female friend has indicated she does not want to testify in the case. And, the attorney says he has been unable to contact the unnamed male and believes that the student is “apparently a hostile witness to the defense and a potential flight risk” since his hometown is outside of Louisiana.
If the judge approves his motion, Long is asking for the preliminary examination to be held on April 30, 2024.
Moore, the district attorney, said Long’s motion is “completely contrary” to the statute that covers these types of allegations. Moore said he will file a motion that any hearing on the matter be closed to the public because of the sensitive nature of the allegations.