The lawyer for the mother of LSU sophomore Madison Brooks described a leaked video clip of Brooks slurring her words in the back of a car surrounded by her accused rapists as “hurtful and shameful.”
Lawyers for the four suspects released a 29-second cell phone recording to local news outlet WBRZ-2, which aired the video alongside an interview with the lawyers on Feb. 13.
Brooks can be seen in the backseat of the vehicle, flanked on either side by two men and saying through slurred speech, “I’m sorry that I offended you that bad. Get out. Get out. I’ll call an Uber on my own.”
One suspect is seen exiting the back passenger-side door of the car. Brooks follows him and is heard calling the driver “gay” before the recording ends. Brooks, 19, was struck by a car shortly afterwards and died in the hospital.
Kerry Miller, who is representing Brooks’ mother, Ashley Baustert, called the video “hurtful and shameful,” saying that every time the defense leaks another short clip, it “cuts like a knife” into Baustert.
In late January, a four-second video was released to local news outlet WAFB 9, which appeared to show Brooks jogging behind her alleged attackers while they left Reggie’s bar in Baton Rouge, Louisiana. They were seen walking away from the bar towards their vehicle before the video ended.
“It’s one thing to defend your clients. It’s another to try the case in the media,” Miller said. “It shows a level of desperation.”
Ron Haley, a lawyer who is defending one suspect, told WBRZ 2 in the Feb. 13 interview that Brooks used “very vulgar language to the driver.”
“Implying that he’s not straight based on him not wanting to engage in certain activities with her,” Haley said. “It doesn’t put anyone in the best light, but again, not being put in the best light isn’t the same thing as rape.”
Four suspects were arrested in connection with Brooks’ alleged rape.
Desmond Carter, whose name had been withheld until Wednesday’s grand jury hearing due to being 17, was indicted on first-degree rape, which is punishable by life in prison without parole, as well as third-degree rape.
Kaivon Washington, 18, was also charged with third-degree rape, which in Louisiana involves sexual intercourse that “is deemed to be without the lawful consent of a victim,” according to state law.
The other two suspects, Casen Carver, 18, and Everett Lee, 28, were charged with principal to third-degree rape, as they allegedly sat in the front of the car while Brooks was sexually assaulted by Washington and Carter in the backseat.
The district attorney has discussed upgrading charges against the other suspects as more evidence is presented to the grand jury.
Since the interview and release of footage, Washington has been arrested and charged with two more alleged rapes, one of which took place in Livingston Parish in 2020 and the other in the same area of East Baton Rouge in October 2022.
In 2020, he was 16 and his alleged victim was 12, according to court documents. In the October 2022 incident, the situation was near-identical to Brooks’ alleged rape. The victim drank at Reggie’s and met Washington and another man, who was referred to in court documents as her “acquaintance,” 18-year-old Karson Jones.
Brooks was laid to rest on Feb. 3 in Covington, Louisiana. Baustert wrote in a Facebook post at the time, “My beautiful angel, one and only daughter, and best friend that was taken way too soon. I promise to honor you, your legacy and will do everything in my power to ensure no other family has to endure the pain we have faced.”
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