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Perps Charged in LSU Coed RAPE ATTACK VICTIM'S REPUTATION? · Crime Stories with Nancy Grace

• 0:05
  Speaker 1: Crime Stories with Nancy Grease.
• 0:12
  Speaker 2: A beautiful young girl is dead, her life before her,
• 0:18
  Speaker 2: doing grade in college and loving life. Mattie Brooks is dead.
• 0:24
  Speaker 2: Her mother will never have her back. But not only
• 0:28
  Speaker 2: is Mattie dead, she was raped by one person for sure,
• 0:35
  Speaker 2: two people for sure, may be more just before her death.
• 0:46
  Speaker 2: Yet now, believe it or not, the rape defendants are
• 0:51
  Speaker 2: actually complaining about how they are treated. Yeah, that's happening
• 0:59
  Speaker 2: in our great country. That is happening. The woman, the
• 1:03
  Speaker 2: young college girl is dead. She's been raped by we're
• 1:07
  Speaker 2: not really sure how many people before. She's dead, and
• 1:12
  Speaker 2: they're complaining about how they feel this while their defense
• 1:18
  Speaker 2: lawyers go on a fishing expedition trying desperately to get
• 1:23
  Speaker 2: Maddie's cell phone data because they want to try and
• 1:27
  Speaker 2: argue that, oh, someone else must have raped her, someone
• 1:31
  Speaker 2: else must have anally sodomized her.
• 1:34
  Speaker 3: Not our clients. Yeah, that's why they want her cell phone.
• 1:38
  Speaker 2: They want to show she had another boyfriend, or that
• 1:40
  Speaker 2: maybe she's had sex before. Well, really, you know what,
• 1:46
  Speaker 2: it's enough to make you take your daughter and go
• 1:48
  Speaker 2: hide her under the bed. I Nancy Grace, this is
• 1:51
  Speaker 2: Crime Stories. Thank you for being with us here at
• 1:54
  Speaker 2: Crime Stories and on series XEM one eleven.
• 1:57
  Speaker 3: First of all, take a listen to our friends at WAFB.
• 2:00
  Speaker 4: The defense US asked for the last seventy two hours
• 2:04
  Speaker 4: of Madison Brooks cell phone data.
• 2:07
  Speaker 5: In the coroner's autopsy of Brooks, he mentioned signs of
• 2:10
  Speaker 5: anal trauma. Carver's attorney says, it's their right to get
• 2:14
  Speaker 5: to know the origin of that injury.
• 2:15
  Speaker 4: We know from other things that my client certainly did
• 2:22
  Speaker 4: not cause any injury to Madison Brooks, and so we
• 2:26
  Speaker 4: are entitled then to find out if someone other than
• 2:28
  Speaker 4: the defendants caused this injury.
• 2:32
  Speaker 2: Well, correct me if I'm totally wrong. To doctor Michelle Dupre,
• 2:38
  Speaker 2: forensic pathologist, medical examiner, former detective with the Lexington County
• 2:42
  Speaker 2: Sheares Department, she is actually the author. She wrote the
• 2:47
  Speaker 2: book on homicide investigation Field Guide. She shot to the
• 2:50
  Speaker 2: forefront of our nation's consciousness during the Alex and Murdog trial.
• 2:55
  Speaker 2: She has written Money, Mischief and Murder the Murdog Saga,
• 3:00
  Speaker 2: Doctor Dupree, As much as.
• 3:02
  Speaker 3: I'd love to go on and on and on about.
• 3:04
  Speaker 2: Your three page resume, if they want to know if
• 3:09
  Speaker 2: somebody else raped Maddie.
• 3:13
  Speaker 3: Can't they tell from the DNA.
• 3:15
  Speaker 2: If there's nobody else's DNA there, then there was nobody else. Ridiculous,
• 3:22
  Speaker 2: doctor dupree. Have you seen rape victims on the stand
• 3:28
  Speaker 2: get totally eviscerated? Are you on the birth control pill?
• 3:33
  Speaker 2: Do you have a boyfriend? Were you a virgin before
• 3:35
  Speaker 2: your rape? And the defense attorney puts it in quotes,
• 3:39
  Speaker 2: you know what, they need to be run out of
• 3:41
  Speaker 2: town on a rail tar and feathered.
• 3:43
  Speaker 6: I have Nancy, and it's terrible the way that a
• 3:46
  Speaker 6: rape victim is treated. Absolutely, you know, no wonder. It
• 3:50
  Speaker 6: is hard sometimes to get people to testify and we
• 3:53
  Speaker 6: can tell, you know, they often founds say, well it
• 3:55
  Speaker 6: was consensual. We can tell whether it was by the
• 3:57
  Speaker 6: injuries to that person.
• 3:59
  Speaker 7: We can tell whether was.
• 4:00
  Speaker 6: Consensual or not. And this sounds like a very horrible situation.
• 4:05
  Speaker 6: And these defendants are absolutely crazy trying to think that
• 4:08
  Speaker 6: they're going to blame it on somebody else.
• 4:10
  Speaker 2: With me right now, Kieren Shala Emmy and Murrow Award
• 4:14
  Speaker 2: winning investigative reporter. You can find him on Facebook and
• 4:18
  Speaker 2: YouTube Unfiltered with Kieren. Thank you for being with us, Kieren, Karen,
• 4:25
  Speaker 2: let me understand this. So the defense attorneys and oh yes,
• 4:29
  Speaker 2: I would try all the defendants together. The defense attorneys
• 4:35
  Speaker 2: want a jury to believe that this young girl, Maddie,
• 4:43
  Speaker 2: consensually had vagual and anal sex in the backseat of
• 4:48
  Speaker 2: their car with multiple of the defendants while they videoed it.
• 4:53
  Speaker 2: Am I supposed to believe that's what she wanted? According
• 4:56
  Speaker 2: to the defense.
• 4:57
  Speaker 8: I think that's exactly what they want you to believe.
• 4:59
  Speaker 8: That's what they're saying, that she was absolutely in control
• 5:03
  Speaker 8: of sanius to the sex and that it was consensual.
• 5:07
  Speaker 8: Six And it all goes back to law enforcement saying
• 5:10
  Speaker 8: that actually, shit, her blood alcohol content came back at
• 5:13
  Speaker 8: point three one point nine. Now, in the beginning, I
• 5:17
  Speaker 8: myself kept saying, okay, it's four times over the legal limit,
• 5:19
  Speaker 8: but you have to remember she was underage, so the
• 5:22
  Speaker 8: legal limit for anyone under age is point zero two. Actually,
• 5:25
  Speaker 8: she was sixteen times over the legal limit. So for
• 5:29
  Speaker 8: someone that age at sixteen times over the limit. Law
• 5:32
  Speaker 8: enforcement has also said there's no possible way that she
• 5:35
  Speaker 8: could have consented to it, making it riach.
• 5:37
  Speaker 3: Isn't that true?
• 5:39
  Speaker 2: Jarrett Farantino, homicide prosecutor, Pennsylvania You can find him at
• 5:43
  Speaker 2: Jarrettfarantino dot com, host of True Crime Boss podcast.
• 5:48
  Speaker 3: Again, I don't have.
• 5:49
  Speaker 2: Time to read all you You're all fantastic and wonderful. That's
• 5:54
  Speaker 2: why we begged you on. I have time to read
• 5:57
  Speaker 2: your full resume. Look him up, Jarrett Farantino, Jared, There's
• 6:01
  Speaker 2: no way this little girl consented to have sex in
• 6:07
  Speaker 2: the backseat of a car while somebody's videoing it and laughing,
• 6:12
  Speaker 2: and she's saying no, and she's drunk, and they find
• 6:17
  Speaker 2: I believe it's ainal tears and bruising, and they find
• 6:23
  Speaker 2: the defendants DNA on her person.
• 6:26
  Speaker 3: I mean, is it that hard for.
• 6:28
  Speaker 2: You to believe, Farantino, that the purpose withdrew and then ejaculated.
• 6:33
  Speaker 2: I mean, there's really no nice way to explain that.
• 6:36
  Speaker 2: But is that so hard for anybody to believe? Because
• 6:40
  Speaker 2: I find it very easy to believe.
• 6:42
  Speaker 9: You're just looking at the numbers here in Nancy. This
• 6:44
  Speaker 9: is what I'd call rape per se sixteen times the
• 6:48
  Speaker 9: legal woman.
• 6:49
  Speaker 2: How No, we do not use Latin phrases on crime stories.
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  Speaker 2: I love Jarrett Farantino. I love to get on a
• 6:57
  Speaker 2: packed elevator, and of course there might be one or
• 7:00
  Speaker 2: two is yours on there and lawyers are on it,
• 7:02
  Speaker 2: and they start spounding out Latin terms they learned in
• 7:05
  Speaker 2: law school that they I mean, love it, but please,
• 7:11
  Speaker 2: no per se, no race, hips, al locuator, nothing, go ahead.
• 7:16
  Speaker 9: You got it. So just looking at these numbers, Nancy,
• 7:18
  Speaker 9: they're staggering. This is clearly someone who is in no
• 7:22
  Speaker 9: position to consent to anything, let alone sexual behavior with
• 7:27
  Speaker 9: four individuals in a vehicle. If that number isn't staggering enough,
• 7:32
  Speaker 9: it's how she was essentially dumped on the side of
• 7:35
  Speaker 9: the road after what they're claiming was a consensual.
• 7:38
  Speaker 2: Rise in the middle of the night, in the rain,
• 7:41
  Speaker 2: heavy traffic flying by, They put her out of the
• 7:45
  Speaker 2: car and bam, she gets run over and dies after
• 7:50
  Speaker 2: she gets raped.
• 7:51
  Speaker 3: That's what the state says.
• 7:52
  Speaker 9: That's not how someone who was part of a consensual
• 7:56
  Speaker 9: sexual escapade is treated. That's how a victim is revictimized
• 8:01
  Speaker 9: and thrown out like garbage. And that's what they did.
• 8:04
  Speaker 2: Bill Hernandez joining me, domestic violence and sex assault detective
• 8:08
  Speaker 2: in California. Bill, every time I start talking about Mattie's case,
• 8:12
  Speaker 2: I get so madic at you and nail in half
• 8:15
  Speaker 2: her mother lost her best friend that day. Her mother
• 8:21
  Speaker 2: is being so strong and trying to get through this,
• 8:23
  Speaker 2: but it seems like every time I turn around, there's
• 8:26
  Speaker 2: another attack on Maddie.
• 8:29
  Speaker 3: That's what this is. She's dead.
• 8:31
  Speaker 2: She can't defend herself, but you know what, we can
• 8:35
  Speaker 2: defend her. Do you ever get tired of the victim
• 8:38
  Speaker 2: getting blamed? I mean you see it every day, Bill Hernandez,
• 8:42
  Speaker 2: I do.
• 8:42
  Speaker 10: I see it all the time, and it's so frustrating.
• 8:45
  Speaker 10: And to walk a victim through something like that, and
• 8:49
  Speaker 10: to try to prepare them when they're living it is
• 8:52
  Speaker 10: so difficult to let them know, hey, this is what's
• 8:54
  Speaker 10: going to happen, and it's so embarrassing for them because
• 8:57
  Speaker 10: their history gets attacked, they get billed, they get embarrassed,
• 9:01
  Speaker 10: and it's horrifying.
• 9:03
  Speaker 2: You know. The other issue here is there is something
• 9:07
  Speaker 2: called the rape shield law. I know a lot about
• 9:12
  Speaker 2: it in the state of Georgia. I remember that was
• 9:16
  Speaker 2: one of two years that I worked with the Georgia
• 9:19
  Speaker 2: Assembly and I learned a lot about politics doing that.
• 9:25
  Speaker 2: But we were in a committee meeting and we actually
• 9:31
  Speaker 2: went out in the hall. I can't take much credit
• 9:34
  Speaker 2: for it, but I can take a little credit for it.
• 9:38
  Speaker 2: The guy who helped hire me in the District Attorney's office,
• 9:41
  Speaker 2: great fantastic appellate lawyer worked on the Wayne Williams trial,
• 9:45
  Speaker 2: Joe Jolay. He said, we've got to do this, We've
• 9:47
  Speaker 2: got to do it fast. We wrote the rape shield law.
• 9:51
  Speaker 2: He did most of it.
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  Speaker 3: I threw in a little bit.
• 9:56
  Speaker 2: And that is the rape shield law in the state
• 9:59
  Speaker 2: of Georgia today. And I am so proud that I
• 10:03
  Speaker 2: had even a tiny part of that. What is the
• 10:05
  Speaker 2: rape show law. It's been enacted in practically every jurisdiction
• 10:09
  Speaker 2: that when you have a sex attack victim, their prior
• 10:14
  Speaker 2: sex history, if there is any, cannot be brought in
• 10:17
  Speaker 2: to evidence unless it has proven an emotion in lemony,
• 10:21
  Speaker 2: which means very simply, I'm explaining it in regular English Garantino,
• 10:26
  Speaker 2: it's emotion heard before trial, typically out always outside the
• 10:31
  Speaker 2: present of the jury, where you try to get something
• 10:34
  Speaker 2: in or you try to stop something before it happens.
• 10:38
  Speaker 2: So you would the defense would approach the judge and say, hey,
• 10:43
  Speaker 2: I want to get in evidence that she had sex
• 10:45
  Speaker 2: with somebody else, just you know, three minutes before the
• 10:48
  Speaker 2: alleged rape, and see that seems like it could be
• 10:52
  Speaker 2: an issue, right, But here nobody else's d and A
• 10:57
  Speaker 2: was found.
• 11:13
  Speaker 1: Time Stories with Nancy Grease.
• 11:16
  Speaker 2: Back to our very special guest, Emmy and Murrow Award
• 11:21
  Speaker 2: winning investigative reporter Kieran Shalla.
• 11:23
  Speaker 3: Let's talk about what we know of the autopsy report.
• 11:28
  Speaker 8: So, the autopsy did reveal that she had injury. I
• 11:32
  Speaker 8: guess downstairs for lack of better word.
• 11:34
  Speaker 3: Okay, we don't do that.
• 11:37
  Speaker 2: We use the actual words, such as vagina, penis, anus,
• 11:44
  Speaker 2: hold on, I will give you, I'll give you a little.
• 11:49
  Speaker 2: Actually they say the same thing. Take a listen to
• 11:53
  Speaker 2: our cut fifty from wb RZ.
• 11:56
  Speaker 11: This report produced by the State Police Crime Lab. It's
• 11:59
  Speaker 11: the DNA tests conducted on Brooks after she died in January.
• 12:04
  Speaker 11: That DNA test was finished twenty days after four men
• 12:07
  Speaker 11: were arrested on rape charges. The DNA test examined her
• 12:11
  Speaker 11: front and back private areas and found none of the
• 12:14
  Speaker 11: suspects DNA inside. Furthermore, a test of the area outside
• 12:19
  Speaker 11: her genitals did detect Kevon Washington's DNA, but excluded Everett
• 12:24
  Speaker 11: Lee Case and Carver and Desmond Carter, who were also
• 12:27
  Speaker 11: charged with rape.
• 12:29
  Speaker 2: So Kevon Washington's DNA is found outside her genitals, So
• 12:34
  Speaker 2: it's going to be argued to the jury that he
• 12:37
  Speaker 2: withdrew from her body and then ejaculate.
• 12:39
  Speaker 3: That's what's going to happen right there, and.
• 12:41
  Speaker 2: He can't get away from that. The other three, in
• 12:45
  Speaker 2: my mind, Kieran have the issue of a little video
• 12:52
  Speaker 2: that was taken in the car.
• 12:54
  Speaker 3: What on the video, Well.
• 12:56
  Speaker 8: It depends on who you talk to. Madison's mom says
• 12:59
  Speaker 8: that on this video you clearly see her daughter saying,
• 13:03
  Speaker 8: get off of me, Get off of me, Get.
• 13:05
  Speaker 9: Off of me.
• 13:05
  Speaker 2: Isn't it true that even that night one of the
• 13:11
  Speaker 2: guys didn't want anything to do with the rape going
• 13:15
  Speaker 2: down in the backseat.
• 13:17
  Speaker 8: Yes, the driver, actually, Casin Carver, actually did not want
• 13:21
  Speaker 8: to be there. But then on the flip side, he's
• 13:23
  Speaker 8: also the one who recorded it.
• 13:25
  Speaker 3: How do you know he didn't want to be there.
• 13:26
  Speaker 8: Well, that's what was in the reports. The initial reports
• 13:30
  Speaker 8: when they were all arrested were very detailed, and I
• 13:35
  Speaker 8: remember covering that he did not want to be there
• 13:39
  Speaker 8: and he didn't want to use his vehicle. But then
• 13:41
  Speaker 8: he also one of the main reasons that the district
• 13:44
  Speaker 8: attorney actually helped his charge to first degree principal to
• 13:47
  Speaker 8: first degree is because he did allow that and he
• 13:50
  Speaker 8: didn't leave.
• 13:50
  Speaker 3: According to reports, Maddy Brooks, his rape suspect, recorded a
• 13:55
  Speaker 3: very disturbing selfie video from the front seat of the
• 13:58
  Speaker 3: car before the Louisiana co ed was killed.
• 14:01
  Speaker 2: Saying, quote, these guys are crazy, quote they fit and
• 14:07
  Speaker 2: rape her. Joining me right now, Karen Start renounced psychologist,
• 14:12
  Speaker 2: TV and radio trauma expert. You can find her at
• 14:15
  Speaker 2: Karenstart dot com. That's Karen with to ce. These guys
• 14:19
  Speaker 2: are crazy, They're about to rape her. It's his car.
• 14:23
  Speaker 2: He's videoing it. That makes him a party to it.
• 14:27
  Speaker 2: They're all a party to this.
• 14:29
  Speaker 12: He's definitely a party to it. He said he felt uncomfortable,
• 14:33
  Speaker 12: he hated it, but he didn't stop it, and he
• 14:36
  Speaker 12: videoed it, and he knew what was happening. And actually,
• 14:42
  Speaker 12: if supposedly allegedly, you can see in the video that
• 14:46
  Speaker 12: you can see her legs, you could see one of
• 14:49
  Speaker 12: them on top of her, and despite very loud music,
• 14:54
  Speaker 12: you can hear her say get off me.
• 14:57
  Speaker 2: You know.
• 14:58
  Speaker 3: Another issue here is, of course, Jarrett.
• 15:01
  Speaker 2: Fiarantino hold on Rachel Fisher and Toby Wilson Jarrett Fuarantino,
• 15:06
  Speaker 2: The fact that you don't stop a crime is not
• 15:09
  Speaker 2: actionable actionable in our jurisprudence system.
• 15:14
  Speaker 3: You don't have a duty to be a good samaritan.
• 15:16
  Speaker 3: You may be.
• 15:16
  Speaker 2: A POC for not helping, but it's not actionable. You
• 15:21
  Speaker 2: can't be prosecuted for not helping or saving a crime victim.
• 15:27
  Speaker 2: If you have a fiduciary duty, like you are the
• 15:31
  Speaker 2: parent or the guardian or the chaperone on a trip,
• 15:35
  Speaker 2: you have taken on a responsibility.
• 15:37
  Speaker 3: There was no fiduciary duty to help here.
• 15:39
  Speaker 2: However, if you ate in a bet you let your
• 15:42
  Speaker 2: car be used for a gang rape, if that's what
• 15:46
  Speaker 2: happened here, and according to the video and the state
• 15:49
  Speaker 2: it is, we'll see if that's proven in court.
• 15:53
  Speaker 3: If you let your car be.
• 15:54
  Speaker 2: Used, you video it, you egg it on in anyway
• 16:01
  Speaker 2: that makes you.
• 16:02
  Speaker 3: Part of it.
• 16:03
  Speaker 9: Absolutely, Nancy, this was a conspiracy. He was involved in
• 16:08
  Speaker 9: him driving that car, which was essentially the crime scene.
• 16:12
  Speaker 9: He set the table, he provided the location for this
• 16:16
  Speaker 9: to happen, his videoing, and his encouraging of this. He
• 16:20
  Speaker 9: could regret everything all he wants when this is over.
• 16:23
  Speaker 9: I'm sure he could say now in hindsight, I didn't
• 16:26
  Speaker 9: want to be there, but he could have driven her
• 16:29
  Speaker 9: somewhere to safety. He could have tried to intervene. He's
• 16:33
  Speaker 9: in trouble because of the affirmative acts he committed, which
• 16:36
  Speaker 9: is he parked the car, he drove around and allowed
• 16:39
  Speaker 9: for this to happen. He put her out of the car,
• 16:42
  Speaker 9: and it was all his scene of the crime and
• 16:45
  Speaker 9: he was in control. So he's responsible for all of
• 16:48
  Speaker 9: the acts of the conspiracy.
• 16:49
  Speaker 3: Essentially joining me right now. Rachel D. Fisher forensic nurse expert.
• 16:55
  Speaker 2: She is a saying sex assault nurse examiner. She's a
• 17:00
  Speaker 2: private investigator. She's author of Taking Back the Pen. She
• 17:06
  Speaker 2: is a forensic nursing, consulting and education expert. You can
• 17:10
  Speaker 2: find her at legal r in consult dot org. Rachel Fisher,
• 17:15
  Speaker 2: I know you have studied this case and know it
• 17:17
  Speaker 2: like the back of your hand. What do you make
• 17:20
  Speaker 2: of what we have learned about the evidence taken from
• 17:23
  Speaker 2: Maddie Brooks's body?
• 17:25
  Speaker 7: But unfortunately the evidence is taken while she was deceased
• 17:28
  Speaker 7: straight so the moving out of the corner can do
• 17:30
  Speaker 7: this sexual assaulting down and so you're working with a
• 17:34
  Speaker 7: dead body. So the crime scene is her body and
• 17:38
  Speaker 7: the evidence is her voice. And when you take swabs
• 17:41
  Speaker 7: inside of her vagina and said the anus, you can
• 17:44
  Speaker 7: see the injury. So she has injuries that are known
• 17:47
  Speaker 7: acute injuries, which means they happened recently, they're not old,
• 17:51
  Speaker 7: they're acute. And then the evidence that doesn't lie. That's
• 17:55
  Speaker 7: the crime scene, that's her body, and the evidence in
• 17:57
  Speaker 7: the swabs that's her voice. And that's what we have
• 18:00
  Speaker 7: to work on.
• 18:00
  Speaker 2: I want to talk to you about your characterization of
• 18:02
  Speaker 2: her injuries as being cute. Could you explain that in
• 18:07
  Speaker 2: more detail so us lay people can understand.
• 18:11
  Speaker 7: So the sense what they like to say is you
• 18:13
  Speaker 7: can't say when the injrew's got there. And when a
• 18:16
  Speaker 7: corner looks at a body and says, well, there's a
• 18:18
  Speaker 7: tear or there's a bleeding tear, or there's bruising. You
• 18:23
  Speaker 7: can't age bruises, but you can say that it's present.
• 18:27
  Speaker 7: And she obviously can't say whether it's tender or not,
• 18:29
  Speaker 7: but we can say it is there, there's a tear,
• 18:32
  Speaker 7: it's not healed. If it's a healed terar scapped over,
• 18:35
  Speaker 7: then you can say, okay, it was prior. But these
• 18:37
  Speaker 7: are acute, meaning this just happened, and it's consistent with
• 18:41
  Speaker 7: the history that we know of her being intoxicated. The
• 18:45
  Speaker 7: blood alcohol level that was drawn. This is a drug
• 18:48
  Speaker 7: facilitated sexual assault. There being marijuana and alcohol in her system.
• 18:52
  Speaker 7: You can't consent whatsoever, whether you're underage or not, she
• 18:57
  Speaker 7: can't consent. And so the toxicology kit, rape kit was done,
• 19:01
  Speaker 7: and that is her voice. That's the evidence that we
• 19:03
  Speaker 7: have from her dead body, is that this happened. These
• 19:07
  Speaker 7: are the samples of DNA. These are the injuries that
• 19:10
  Speaker 7: were caused after she was seen fumbling out of a
• 19:13
  Speaker 7: bar and intoxicated. This is our evidence. This is true.
• 19:17
  Speaker 3: Nancy, Yeah, Japan.
• 19:18
  Speaker 6: So Nancy, also, in addition to what she just said,
• 19:22
  Speaker 6: we can tell that this was non consensual by the
• 19:25
  Speaker 6: location of the injuries. For example, tears at the six
• 19:28
  Speaker 6: o'clock position in the national area means that it was trauma,
• 19:32
  Speaker 6: because when it is consensual, that doesn't happen. That's not
• 19:35
  Speaker 6: the same location. And so not just by looking at
• 19:38
  Speaker 6: the injuries to tell that they are acute or most recent,
• 19:42
  Speaker 6: we can tell by the position where they are that
• 19:44
  Speaker 6: it was not consensual.
• 19:45
  Speaker 2: You know, another is sure issue to Karen Charlotte joining us.
• 19:49
  Speaker 2: You can find Kieran it unfiltered with Kiaren dot com,
• 19:54
  Speaker 2: big presence on Facebook and YouTube. Kieren again, thank you
• 19:57
  Speaker 2: for being with us, Kieren. I understand and that an
• 20:01
  Speaker 2: abrasion which is a cut and bruising on her backside.
• 20:08
  Speaker 3: I'm using their language, not mine.
• 20:10
  Speaker 2: Prompted for a forensic pathologist to note it was highly suspicious.
• 20:17
  Speaker 2: A separate lab report finds male DNA but on her body.
• 20:28
  Speaker 2: Is that correct A belief? So that is correct, guys, take.
• 20:32
  Speaker 3: A listen our friends at w AFB.
• 20:34
  Speaker 5: The state pushed back, arguing they did not have a
• 20:37
  Speaker 5: right to her cell phone data or her sexual history.
• 20:40
  Speaker 5: The judge, however, ruled in favor of Carver.
• 20:42
  Speaker 4: They made a plethora of arguments. The judge denied all
• 20:45
  Speaker 4: of their arguments and ruled in our favor.
• 20:47
  Speaker 5: Today, Carver is not the only one asking for brooks
• 20:49
  Speaker 5: his cell phone data. Desmond Carter, who was seventeen at
• 20:52
  Speaker 5: the time and was charged with first and third degree rape.
• 20:55
  Speaker 5: He and his attorney are asking for it as well.
• 20:58
  Speaker 2: What they want is her cell phone. They want her
• 21:01
  Speaker 2: cell phone to find out if she had been with
• 21:04
  Speaker 2: another guy.
• 21:06
  Speaker 3: But I believe their biggest.
• 21:08
  Speaker 2: Problem is going to be the video one of them
• 21:11
  Speaker 2: took for fun as she was being raped according to
• 21:15
  Speaker 2: the state, Kieran, isn't it true that also someone hung
• 21:19
  Speaker 2: a T shirt up covering up the car window so
• 21:23
  Speaker 2: no one could see what was happening.
• 21:25
  Speaker 8: I believe so. And the other thing that I wanted
• 21:27
  Speaker 8: to add on to at the Attorney four case in
• 21:30
  Speaker 8: Carver Joe Long and speaking with him, the other thing
• 21:33
  Speaker 8: that he's mentioning is that the reason he wants these
• 21:37
  Speaker 8: cell phone records for the last seventy two hours, he's
• 21:39
  Speaker 8: claiming it is under the rap shield law that the
• 21:42
  Speaker 8: exemption under Code for twelve basically allows that. And he
• 21:49
  Speaker 8: wants to be able to say that maybe this injury
• 21:51
  Speaker 8: came from somebody other than these people who were in
• 21:55
  Speaker 8: the vehicle and the defendants in this case.
• 21:58
  Speaker 3: And how do you respond to to that? To Rachel D.
• 22:02
  Speaker 2: Fisher, forensic nurse expert, when you say, if the injuries
• 22:07
  Speaker 2: are acute, that means they just.
• 22:10
  Speaker 7: Happened, correct, It means that happened within a relatively recent
• 22:15
  Speaker 7: time period. And by the time the exam was done,
• 22:17
  Speaker 7: it wasn't done immediately, It wasn't done in the er.
• 22:20
  Speaker 7: It was done you know later, well she was she
• 22:24
  Speaker 7: was at the Corners office, right, So it's not gonna
• 22:28
  Speaker 7: show field injuries on an acute exam.
• 22:30
  Speaker 9: So the fact that they.
• 22:31
  Speaker 7: Found that and they found DNA, those are both consistent
• 22:34
  Speaker 7: with every other piece of evidence that we have here.
• 22:36
  Speaker 2: Guys, we are talking about an obvious bid to drag
• 22:42
  Speaker 2: Maddie Brooks's name through the mud. Video has already been leaked,
• 22:47
  Speaker 2: we are told by the defense of her slurring her words.
• 22:51
  Speaker 2: She was at a bar where she actually had worked
• 22:54
  Speaker 2: and was fed and fed.
• 22:56
  Speaker 3: And fed and fed alcohol.
• 22:58
  Speaker 2: A video has already been leaked where her words were
• 23:02
  Speaker 2: being sorted, and it's said it was leaked by the
• 23:05
  Speaker 2: defense to make her look bad. Now we understand that
• 23:10
  Speaker 2: part of her autopsy report.
• 23:12
  Speaker 3: Has been leaked.
• 23:13
  Speaker 2: I mean, how many times does this young girl, even
• 23:16
  Speaker 2: in depth, have to be victimized. Toby Wilson is joining
• 23:20
  Speaker 2: me for is It Consultant specializing in DNA erology and
• 23:24
  Speaker 2: bloodstained pattern analysis at no Slow Forensic dot Com. Toby
• 23:30
  Speaker 2: jump in.
• 23:31
  Speaker 13: Well, you know, I've done through many sexual assault cases
• 23:35
  Speaker 13: in my career, and the defense is almost always one
• 23:41
  Speaker 13: of trying to make the victim the problem they put
• 23:45
  Speaker 13: them on trial rather than the defendants, and it always
• 23:48
  Speaker 13: comes down to, well, consensual. But the thing is is
• 23:52
  Speaker 13: that in this case, consensual doesn't work. A point three
• 23:56
  Speaker 13: to one blood alcohol level is believable. Normally you only
• 24:01
  Speaker 13: see that type of level with people who are alcoholics
• 24:04
  Speaker 13: and have developed in tolerance to drinking. Point three one
• 24:09
  Speaker 13: is you know, you can't want as the articles or
• 24:13
  Speaker 13: the indications are, you can't walk, you can't talk, you
• 24:16
  Speaker 13: can't you you slur your words. If you are able
• 24:19
  Speaker 13: to talk, that's that is severely drunk. So you know,
• 24:23
  Speaker 13: this really comes down to the idea of content. A
• 24:26
  Speaker 13: person that drunk can't give consent to anything. So the
• 24:31
  Speaker 13: argument that it was consensual, you know, I can't see
• 24:35
  Speaker 13: any jury buying that if they bring in toxic forensic
• 24:38
  Speaker 13: toxicologists to talk about the effects of a point three
• 24:42
  Speaker 13: to one level on someone you know, uh, you know
• 24:46
  Speaker 13: whose body size you know is small, and how how
• 24:51
  Speaker 13: much the alcohol affects your mobility of situation. For the DNA,
• 24:57
  Speaker 13: the lack of DNA doesn't mean there wasn't sex. It
• 25:01
  Speaker 13: doesn't mean there wasn't a rape. It just means that
• 25:04
  Speaker 13: there's no ejaculation that occurs, and the one ejaculate that
• 25:07
  Speaker 13: they do test, you know, ties the one guy in
• 25:11
  Speaker 13: and it then becomes a case of did she say
• 25:14
  Speaker 13: you could? And as I said, point three one is
• 25:17
  Speaker 13: not not going to be working for a consensual argument.
• 25:21
  Speaker 13: So the lack of DNA is not an issue that
• 25:26
  Speaker 13: says there was no sex, that says there was no rape.
• 25:28
  Speaker 13: It just means that there was no ejaculation. But it
• 25:31
  Speaker 13: can also be argued the alternative interpretation of that is
• 25:36
  Speaker 13: there was no sex. But you know, I think with
• 25:39
  Speaker 13: the video and all that, that's again a mooved point.
• 25:43
  Speaker 13: So going back one more area, the male DNA that
• 25:47
  Speaker 13: was found in her anal area. That's an interesting thing
• 25:54
  Speaker 13: because there are other technologies that could be used now
• 25:57
  Speaker 13: that are very sensitive to asked that male DNA to
• 26:02
  Speaker 13: determine the genetic line that it came from. So when
• 26:06
  Speaker 13: you get a male only profile, all you can say
• 26:10
  Speaker 13: is that it was that that individual, his brother, is
• 26:12
  Speaker 13: his father, anyone who's in a direct line of that
• 26:15
  Speaker 13: because male DNA, just like mitochondrial DNA, which is female,
• 26:19
  Speaker 13: is passed down the same from generation to generation by
• 26:22
  Speaker 13: the men in the family. So you know, I'm kind
• 26:25
  Speaker 13: of surprised that there wasn't further analysis.
• 26:27
  Speaker 2: Speaking of the DNA, Jeriff Farantino with me veteran homicide prosecutor,
• 26:32
  Speaker 2: but he certainly tried rate cases as well. This is
• 26:35
  Speaker 2: how I would put this case together. Number one, you
• 26:39
  Speaker 2: have the DNA of one of the defendants in her
• 26:45
  Speaker 2: genital area. I believe it's kvon Washington. Correct me if
• 26:49
  Speaker 2: I'm wrong, Kieran. So you've got kvon Washington with DNA.
• 26:56
  Speaker 2: You've got the driver of the car taking the video.
• 27:03
  Speaker 2: Isn't that right, Karen?
• 27:05
  Speaker 8: Yes, yes, that's correct.
• 27:07
  Speaker 2: So you've got the driver of the car taking a video,
• 27:12
  Speaker 2: which one is the driver Karen Jason Carver, And you
• 27:16
  Speaker 2: have the driver stating they're about to rape her.
• 27:21
  Speaker 3: And they're crazy. Okay.
• 27:24
  Speaker 2: So you even have one of the defendants saying the
• 27:28
  Speaker 2: other three are about to rape her, Nancy.
• 27:31
  Speaker 12: You mind if I add one other thing?
• 27:33
  Speaker 3: Please do so.
• 27:35
  Speaker 12: When he was pressed, Carver was asked, how could it
• 27:39
  Speaker 12: be that it was consensual when she was so drunk?
• 27:43
  Speaker 12: Didn't he think that she was too drunk? And allegedly
• 27:46
  Speaker 12: he said, yeah, I guess, I guess exactly. So even
• 27:51
  Speaker 12: he admitted that and you also had them laughing.
• 27:57
  Speaker 2: Laughing, and in the video reportedly you see guys swapping
• 28:04
  Speaker 2: out being in the back seat.
• 28:07
  Speaker 3: Is that true, Kieren Shallott?
• 28:08
  Speaker 7: You do?
• 28:09
  Speaker 8: In fact, they took turns if Cape on Washington was
• 28:13
  Speaker 8: in the back, and I believe Lee was in the back,
• 28:16
  Speaker 8: and then the uncle of one of these kids was
• 28:19
  Speaker 8: in the front along with Casey and Karper.
• 28:21
  Speaker 2: So with the video that they took because they thought
• 28:24
  Speaker 2: it was funny to video a girl who was completely
• 28:28
  Speaker 2: inebriated being raped in the back.
• 28:31
  Speaker 3: Seat, they thought that was a good thing.
• 28:33
  Speaker 2: That fun video they took is now going to be
• 28:36
  Speaker 2: States Exhibit number one. So in my mind, Jarrett Farantino,
• 28:42
  Speaker 2: I don't need all their DNA.
• 28:44
  Speaker 3: What I was supposed to believe them are my lion
• 28:46
  Speaker 3: eyes when I look at that video.
• 28:48
  Speaker 9: What do they see, Nancy? Absence of evidence is not
• 28:51
  Speaker 9: evidence of absence.
• 28:52
  Speaker 2: Okay, I'm totally stealing that. I said that not you
• 28:55
  Speaker 2: go ahead.
• 28:57
  Speaker 9: You got it. It's yours. I stole it from someone.
• 29:00
  Speaker 9: But this is just a cocktail of evidence that suggests
• 29:05
  Speaker 9: what was going on. It's great evidence you have one
• 29:08
  Speaker 9: of their DNA, but it's not this positive of anything.
• 29:12
  Speaker 9: Because some of other DNA was not on her body.
• 29:15
  Speaker 9: They were there. The video, the ride, the statements, It
• 29:20
  Speaker 9: all put together paints a picture of a horrific situation
• 29:24
  Speaker 9: inside that car. This girl was gang raped, Matt, She
• 29:28
  Speaker 9: was gang raped. And when you have a situation like that,
• 29:32
  Speaker 9: you're going to have some DNA, You're not going to
• 29:34
  Speaker 9: have all of it, and you have just a plethora
• 29:37
  Speaker 9: of other evidence here to play out in front of
• 29:39
  Speaker 9: a jury. These guys are in big trouble.
• 29:41
  Speaker 8: Nancy. May I add one thing?
• 29:43
  Speaker 3: Please do so.
• 29:44
  Speaker 8: In my conversations with Joe Long and again Joe Long
• 29:47
  Speaker 8: as who is representing Tason Carver. The other reason he
• 29:50
  Speaker 8: says he wanted the text messages from seventy two hours
• 29:52
  Speaker 8: before is to show that if she was texting, maybe
• 29:55
  Speaker 8: in the minutes or hours leading up to what happened
• 29:59
  Speaker 8: in the car, that he wants to be able to
• 30:01
  Speaker 8: say that she was okay enough, not inuburated enough to
• 30:06
  Speaker 8: be sending text messages, possibly coherent text messages, and to
• 30:11
  Speaker 8: show that she actually wasn't as drunk as everybody is
• 30:14
  Speaker 8: claiming she was.
• 30:15
  Speaker 2: You mean, as her blood alcohol says that she is, yes, okay.
• 30:19
  Speaker 8: Of course the mom has also told me Madison's mom
• 30:22
  Speaker 8: that she actually left her cell phone in the bar,
• 30:25
  Speaker 8: so she didn't even have it with her when she
• 30:27
  Speaker 8: left out for that.
• 30:29
  Speaker 1: Night time stories with Nancy Grace.
• 30:47
  Speaker 2: Guys, believe it or not, the rape defendants, and they're
• 30:51
  Speaker 2: really lucky. And I don't get it that they haven't
• 30:54
  Speaker 2: been charged of Sellingny murder because she is dead. A
• 31:00
  Speaker 2: felony was ensuing they raped her according to the state,
• 31:05
  Speaker 2: it's got to be proven in a court of law,
• 31:07
  Speaker 2: of course, then put her out of the car on
• 31:11
  Speaker 2: a busy freeway which is abandoned. And malignant heart, which
• 31:15
  Speaker 2: is a theory of murder, and she died. There's two
• 31:19
  Speaker 2: theories of murder here. Felony murder. A death occurs during
• 31:22
  Speaker 2: the commission of a felony. The death does not have
• 31:25
  Speaker 2: to be intentional. It's like Jackie and I go rob
• 31:28
  Speaker 2: another bank. I say, don't pull your gun. She gets
• 31:31
  Speaker 2: a wild hair, she shoots the teller. I'm charge of
• 31:35
  Speaker 2: felony murder because a death occurred while I was committing
• 31:38
  Speaker 2: a felony. I didn't mean for it to happen, but
• 31:41
  Speaker 2: I'm still charged with felony murder. There's that theory, and
• 31:44
  Speaker 2: there is abandoned and malignant heart. For instance, if I
• 31:48
  Speaker 2: get in my minivan and I plow through let's say
• 31:51
  Speaker 2: a street fair at ninety mph, and I kill somebody,
• 31:56
  Speaker 2: I was acting with an abandoned heart with no thought
• 32:00
  Speaker 2: for human life. That's two theories of murder. So these
• 32:04
  Speaker 2: guys should be thanking. They're lucky stars they're not charged
• 32:07
  Speaker 2: with murder. Not quite sure why they're not charged with murder,
• 32:10
  Speaker 2: but yet they are actually complaining. Take a listen our
• 32:15
  Speaker 2: forty our friends at WBRZ two.
• 32:17
  Speaker 11: Carver didn't say anything to reporters, but his lawyer had
• 32:20
  Speaker 11: plenty to say. That's correct about the rape charge Carver
• 32:24
  Speaker 11: is facing.
• 32:25
  Speaker 14: My client has been devastated. The allegations on an eighteen
• 32:30
  Speaker 14: year old now nineteen year old man are very sobering,
• 32:33
  Speaker 14: and he's getting through at the best he can. He's
• 32:37
  Speaker 14: got a good support system with his family behind him.
• 32:40
  Speaker 14: But the media publicity by the civil lawyer does not help.
• 32:46
  Speaker 14: Going on Fox and trashing my client, calling him a murderer,
• 32:50
  Speaker 14: calling him a rapist and a murderer, that does not help.
• 32:53
  Speaker 3: Well, whose fault is it that he's being charged? Why
• 32:57
  Speaker 3: was he.
• 32:58
  Speaker 2: Even in the car when this was happening to Maddy Brooks.
• 33:05
  Speaker 2: Karen Chalotte joining me. You can find Kieren unfiltered with Kieren,
• 33:10
  Speaker 2: Karen and Challa. What more can you tell us? When
• 33:13
  Speaker 2: will the case go to trial? What more do we
• 33:14
  Speaker 2: know about the defense efforts to get her cell phone?
• 33:18
  Speaker 6: So what else?
• 33:19
  Speaker 8: We're expecting a trial possibly next fall. So it's going
• 33:23
  Speaker 8: to be at least another year, and I know that
• 33:25
  Speaker 8: seems like it's going to be a very long time.
• 33:28
  Speaker 8: But you have four cases that have to go to trial.
• 33:31
  Speaker 8: The other one that kind of comes up as a
• 33:34
  Speaker 8: caveat is Kavon Washington. Now he's actually facing a first
• 33:38
  Speaker 8: degree rape charge also in Livingston Parish. That's a neighboring parish.
• 33:44
  Speaker 2: Oh, dear, gravy, he's got a similar transaction.
• 33:48
  Speaker 3: Oh yes, well, whoa, whoa? I need to write this down.
• 33:52
  Speaker 2: So Kvon Washington, who I might add, is also on
• 33:56
  Speaker 2: the video, according to Miller, pushing shoving Maddie down in
• 34:04
  Speaker 2: the backseat. He's the one whose DNA is in her
• 34:08
  Speaker 2: genital area. Okay, he's got another rape charge. Tell me
• 34:12
  Speaker 2: about that, Karen.
• 34:13
  Speaker 8: Yes, we covered this case, and after all this came
• 34:16
  Speaker 8: to light, I had somebody reach out to us, and
• 34:20
  Speaker 8: the young girl was twelve years old at the time
• 34:23
  Speaker 8: that it happened and she's now fifteen. So granted, this
• 34:26
  Speaker 8: happen three years ago, and an arrest was never made
• 34:29
  Speaker 8: in the case, not even I think the day after
• 34:32
  Speaker 8: we did the report, Cavon Washington was arrested in connection
• 34:35
  Speaker 8: to this rape and the police department locally telling us, oh,
• 34:39
  Speaker 8: the witness from three years ago just came forward that
• 34:43
  Speaker 8: her friend was with her and saw it happens.
• 34:47
  Speaker 3: They didn't follow through on the investigation.
• 34:49
  Speaker 8: So yes, and he's been arrested in that case, and
• 34:52
  Speaker 8: he's facing another first degree rape charge there and obviously
• 34:55
  Speaker 8: first agree rape in Louisiana carried's mandatory life, so that's
• 34:59
  Speaker 8: a big play as well because he's facing two first
• 35:02
  Speaker 8: degree rates in two different parishes.
• 35:04
  Speaker 2: Kavon Washington and Desmond Carter have both admitted to, as
• 35:12
  Speaker 2: they say, sex activity with Mattie, the young girl who's
• 35:17
  Speaker 2: so out of it she leaves her phone behind and
• 35:19
  Speaker 2: is seen in the video being pushed down in.
• 35:21
  Speaker 3: The back seat.
• 35:23
  Speaker 2: So with Kvon Washington, who admits and has another rape
• 35:29
  Speaker 2: charge that was never prosecuted, it will be Now that's
• 35:33
  Speaker 2: a day late and a dollar short because Mattie's dead.
• 35:36
  Speaker 2: If he had been prosecuted in that case, he might
• 35:38
  Speaker 2: have been behind bars and Matti would be alive today.
• 35:41
  Speaker 2: Kvon Washington and Desmond Carter, according to reports, both admit
• 35:46
  Speaker 2: to sex activity, as they call it with the victim
• 35:50
  Speaker 2: the driver case. In Carter, it's his car and he
• 35:56
  Speaker 2: says on video they're about to rape her.
• 36:00
  Speaker 3: Then we have Everett Lee. Now, if I were trying it, Jarrett.
• 36:04
  Speaker 2: Farantino, I would get the one who is the least culpable,
• 36:08
  Speaker 2: if I could even figure out who that would be,
• 36:12
  Speaker 2: turn them over, give them a deal of course that
• 36:16
  Speaker 2: has substantial jail time, and have them that person rat
• 36:21
  Speaker 2: out on the other three so I could get them
• 36:23
  Speaker 2: twenty to lie.
• 36:24
  Speaker 9: Thoughts, I think that's likely to happen here in Nancy.
• 36:27
  Speaker 9: If you don't have that, I still think there's a
• 36:29
  Speaker 9: strong case. Obviously, if you can get the driver or
• 36:32
  Speaker 9: somebody to flip, it just seals the fate of these guys.
• 36:35
  Speaker 3: Really don't need to flip, though.
• 36:37
  Speaker 2: I mean, I've said before to a jury, sometimes you
• 36:41
  Speaker 2: got to go to hell to get the witness to
• 36:42
  Speaker 2: put the devil in jail. I really believe if you
• 36:45
  Speaker 2: tried these four together, put them all in the same
• 36:48
  Speaker 2: pot to steal that there would be a conviction on
• 36:52
  Speaker 2: every one of them because they're in it together in
• 36:55
  Speaker 2: the video. It's really the video that they thought was
• 36:58
  Speaker 2: such a great idea. That is the nail and their coffin,
• 37:04
  Speaker 2: Rachel Fisher, What do you believe is the strongest evidence
• 37:07
  Speaker 2: for the state as a rape kit nurse?
• 37:10
  Speaker 7: So the toxicology kit obviously, because it shows the lack
• 37:13
  Speaker 7: of consent because it was drug facilitated sexual assault. And
• 37:17
  Speaker 7: then the evidence of an acute abrasion meaning the skin
• 37:22
  Speaker 7: is freshly off the skin and not a healed abrasion.
• 37:25
  Speaker 7: And then the DNA on her It wasn't in her
• 37:30
  Speaker 7: vagina from what I've read it was. It was from
• 37:32
  Speaker 7: on the genitals. But anybody's DNA on somebody else's genitals
• 37:36
  Speaker 7: being found, that just shows that you shouldn't be there.
• 37:40
  Speaker 7: She wasn't consensible. The taxcology kit shows that. So whether
• 37:44
  Speaker 7: they admitted to doing it, she wanted it. They could
• 37:46
  Speaker 7: admit that all day, but it wasn't consensual. That it
• 37:48
  Speaker 7: was drug facilitated, so either way, they knowingly facilitated it
• 37:52
  Speaker 7: and it was done it's there.
• 37:55
  Speaker 2: Maddie Brooks, just nineteen, died in the hospital after allegedly
• 37:59
  Speaker 2: being gang raped than struck by a car. As we
• 38:04
  Speaker 2: all know, and let me emphasize strongly, these young men
• 38:11
  Speaker 2: are presumed innocent. Everything that we have discussed is based
• 38:18
  Speaker 2: on video that we have seen. The video we're talking about,
• 38:22
  Speaker 2: we've seen it, the autopsy report, and the statements of
• 38:27
  Speaker 2: the defendants. That's where we're getting this analysis. That and
• 38:33
  Speaker 2: more will be brought out at trial should this case
• 38:37
  Speaker 2: go to trial. But in our system of jurisprudence, everyone
• 38:42
  Speaker 2: is presumed innocent unless and until the state meets the
• 38:47
  Speaker 2: burden of proving their guilt beyond a reasonable doubt. If
• 38:53
  Speaker 2: the state fails under the law, they walk free.
• 38:58
  Speaker 3: We wait as just as some fules. Goodbye friend.