Lawyer for men accused of raping Madi Brooks says video ‘does not show sex act’

LSU student Madi Brooks was recorded arguing with one of the four men accused of her rape shortly before she wandered drunkenly into the night and was fatally hit by a car, DailyMail.com can exclusively reveal.

Madi, 19, directed ‘choice language’ at Casen Carver, 18, who was at the wheel of the car in which she was allegedly raped in the backseat by Kaivon Washington, 18, and an unidentified 17-year-old after meeting them for the first time at a college bar.

The defendants – along with fellow accused Everett Lee, 28 – were driving around Baton Rouge, Louisiana, in the early hours of January 15 trying to follow the student’s directions for a location to drop her off after the alleged assault, their attorney Ron Haley told DailyMail.com.

‘It is conversation – pretty much an argument – between her and the driver of the vehicle, which is Carver,’ Haley said. 

‘Carver was frustrated that this was the third address that she had given and she wanted to go apparently to another location. It’s him saying, listen we can’t do this all night, make up your mind where you want to be.’

Haley is using the clips from the video – taken by Washington on his phone – as part of the defense. Referring to the footage, he told DailyMail.com: ‘The video does not show a sexual act.’

Madi Brooks, 19, died after being hit by a ride-share car at 3am on January 15 when she was dropped off by four men who picked her up at a college bar 

Video shows Brooks, 19, directing ‘choice language’ at Casen Carver, 18, who is one of the four men accused of her rape

The four men and sophomore Madi had met at riotous college bar Reggie’s in the Tigerland district of Louisiana’s capital and she ‘drunkenly’ staggered into their car with them as they left at 1.49am. 

Carver – who told police he had never met Madi before – asked her for her address ‘but she fell over and could not answer him,’ according to his East Baton Rouge Sheriff Office arrest warrant.

He then drove to a nearby street and ‘stated he overheard his 17-year-old friend as he asked the victim five times if she wanted to have sex with him,’ continued the report. ‘Mr. Carver stated the victim gave verbal consent.’

Defense lawyer Ron Haley said the argument was because Madi was too drunk to give proper directions

Carver told cops the 17-year-old and then Washington had sex with Madi while he and Lee remained in the front of the vehicle, which was last seen on the move at 1.59 am.

Glimpses of Madi’s last hour were captured by Washington in four video snippets after Carver drove to three locations in her quest for a place to stay the night, revealed attorney Haley.

Haley said: ‘She gets upset with them and uses some choice language directed at Carver.

‘After that he verbally asked her to get out of the vehicle. She acquiesces and says, that’s fine I’ll Uber to wherever I need to go next. That pretty much is it.

‘She got out at a parking lot of an apartment complex at the Pelican Lakes subdivision. After they had driven off, she walked to Burbank Drive and was hit by another vehicle.’

Haley insisted: ‘They did not just dump her out of the car, they did not force her out of the vehicle.

‘After the verbal confrontation with the driver, he says “get out of the car”; she says “fine”.

‘The clips are not long, they are little snippets of pretty much the same thing. A bit of the argument, then another part of the argument. Then her getting out of the car.

‘I think at one point one of the others tries to calm the situation down and say, look just kind of get back in the car. She doesn’t want to. The driver is like, listen we got to go. She’s left in the parking lot of this apartment complex.’

‘Why did Washington video her? I don’t know. Maybe just being silly and dumb – clowning around.

‘Washington is in the video himself, laughing at the back and forth between Miss Madison and the driver. This is opposed to someone showing a lot of maturity saying something like, hey it’s been a long night, cut it out.’

Kaivon Washington (left) Everett Lee, 28, were arrested on rape-related charges together with an unidentified 17-year-old boy

Haley is using the clips as part of the defense and told DailyMail.com: ‘The video does not show a sexual act’

A coroner confirmed that Madi died from ‘multiple traumatic injuries’ when she was hit by a car after allegedly being raped 

The footage – which is not time stamped – was presented to Judge Brad Myers before a bond hearing for the accused on Tuesday. However he declared it showed the ‘evidence was clear’ and there was proof of criminality.

California civil rights attorney Adante Pointer – co-founder of Pointer and Buelna based in Oakland, California – blasted him for the comment. He told DailyMail.com: ‘The judge had already put his thumb on the scale.’

Judge Brad Myers told the court on Tuesday that he viewed a video filmed by Washington after the alleged assault took place

The four accused have all told Haley of their remorse over Madi’s death 50 minutes after she exited Carver’s vehicle, the attorney revealed. ‘They have expressed their remorse to me,’ he said.

‘Nobody wanted her to die, It is a tragedy and they are upset. The argument that ensued, they wish they’d handled things differently. On a basic human level, absolutely they do feel remorse.’

Washington and the 17-year-old are accused of third degree rape, while Carver and Lee are charged with principal to third degree rape – meaning they were present but did not take part in the sexual assault.

Third degree rape in Louisiana can be when a victim is unable to say no because they are too drunk to resist. A toxicology report revealed Madison had a blood-alcohol reading of .319, four times the legal limit for driving and borderline alcohol poisoning.

However, Haley questioned DailyMail.com on how drunk the popular student was at the exact time of the alleged rape.

‘Our defense is that the acts were consensual,’ he said. ‘From the research I have done most people could barely walk with a reading around .32.

‘There is such a thing as rising alcohol levels. If you have five shots and are tested shortly afterwards your level would be lower than a test an hour later.

‘The fact that at the time of her passing she was at a .319 does not necessarily mean that at the time some of these things happened, that she was at a .319. Those levels were rising. And that is going to be a part of our defense.’

He admitted: ‘You want to be as respectful as possible to Madison who lost her life. It is an uncomfortable line for us, I don’t take pleasure in speaking about this.

‘This is not in any way trying to disparage Madison, or upset her family – although I am sure that they are.’

The four men and Madi met at riotous college bar Reggie’s in the Tigerland district of the city 

The bar had regular nightly specials offering cheap drinks

Madi (left) seen behind the bar at Reggie’s with two sorority sisters. She had been drinking at the bar before she was allegedly raped and then fatally struck by a car 

Haley believes his clients are being ‘tried in the court of public opinion’ on the high-profile case, partly because he said they are also being blamed for Madi’s death.

‘I believe there has been a jump to correlate whatever happened in that car to her untimely death,’ he told DailyMail.com.

‘I believe there is enough break in the circumstances. There is a disconnect between what happened in the car and what ultimately led to her death.

‘There’s no winners in this. It’s all losing and different degrees of losing. Someone has lost their life, these young men may lose their freedom.’

Haley agrees the video shows Brooks to be highly intoxicated in the final minutes of her life. ‘She looks pretty drunk,’ he said.

‘But she is having a conversation – back and forth argument. She slurred her words. That is a factor to take into consideration, but I don’t think that is the be-all and end-all.’

Prosecutor Stuart Theirort said at the bond hearing that the state will seek upgraded charges of first-degree rape and plans to convene a grand jury in the case.

Louisiana’s first-degree rape statute carries a mandatory life sentence without the possibility of parole.

All three adult suspects appeared in court via a video link and were ordered to remain under house arrest and wear ankle monitors.

Carver is being held on a $50,000 bond, Lee on a $75,000 bond, and Washington on a $150,000 bond.

Surveillance footage surrounding Reggie’s bar, where the group met, shows Madi drunk and stumbling around, according to police documents.

Louisiana Alcohol and Tobacco Control suspended the bar’s license following the ‘seriousness of the allegations and potential threat to public safety.’

Meanwhile the bar has been assisting in collating more video for authorities to review from Madison’s time in and around Reggie’s. The bar’s attorney Kris Perret told DailyMail.com: ‘So far there is nothing we have seen that shows she was incapacitated.’

And a general statement from Reggie’s said: ‘We continue to cooperate with state and local authorities, as we have since their first request.

Surveillance footage surrounding Reggie’s bar, where the group met, shows Madi (right) drunk and stumbling around, according to police documents 

‘We look forward to meeting with State ATC and East Baton Rouge ABC (Alcohol Beverage Control) officials as soon as possible to address their concerns and to ensure they have all of the complete and accurate facts and all information they require to complete their investigation.’

The sheriff’s office arrest warrant for Carver reveals Madi arrived at Reggie’s at 10.06pm on January 14. The four defendants arrived 12 minutes later.

Inside the bar, video footage reveals Madi and the 17-year-old were ‘hugging and dancing’. The report continues: ‘At 1am the victim was seen sitting on a stool by the counter at the bar.

‘The victim was then seen getting up, adjusting her pants and stumbled backwards. The victim got back on her feet with the help of three individuals.

‘At approximately 1.34am the victim was seen sitting on a bench by the entrance door. The victim was then seen getting up and fell.

‘The victim was then seen grabbing Mr Carver’s 17-year-old juvenile friend’s hand while getting back on her feet… at approximately 1.49am Mr Carver, the victim and the others were seen leaving the bar.’

Madi was hit by the ride-share vehicle around 2.50am. The driver immediately called 911 and waited on the scene. Cops tested the driver, who was not impaired and is not facing charges.