Cheerleaders rough sex past in spotlight after she was gang raped and left to die on road by three men

A teenagers rough sex with a classmate the night before she was allegedly gang raped and killed cant be used in her case, an appeals court has ruled.

Madison Brooks, 19, was fatally hit by a car in East Baton Rouge, Louisiana, on January 15, 2023, after she was left on the side of the road by her accused rapists.

Kaivon Washington, 18, Casen Carver, 18, and Desmond Carter, 17, are charged with first-degree rape and video voyeurism.

Carver and Carter claimed they never raped Brooks and that the injuries consistent with sexual assault found on her body werent their doing.

Instead, they claimed Brooks had consensual rough sex with another Louisiana State University student the night before, and say it was that encounter which caused the injuries.

A motion filed last March claimed the evidence will gut the States theory of the case and prove their innocence.

District Attorney Hillar Moore said the filing was totally inappropriate and not in accordance with the applicable rules of law and filed his own motion to disallow it.

The Louisiana First Circuit Court of Appeal sided with Moore on Tuesday, a year after the motion was filed.

Madison Brooks, 19, was fatally hit by a car in East Baton Rouge, Louisiana , on January 15, 2023, after she was left on the side of the road by her accused rapists

Casen Carver, 18, (left) Kaivon Washington, 18, (center) and Desmond Carter, 17, (right) are charged with first-degree rape

The evidence of [Brooks] alleged past sexual behavior is excluded at this juncture, the majority decision of three judges read. 

The fundamental right to present a defense does not require the trial court to admit irrelevant evidence or evidence with such little probative value that it is substantially outweighed by other legitimate considerations.

The judges explained that that defense motion fell afoul of Louisianas rape shield law, which protects a victims sexual history from being brought up.

Defense lawyers are allowed to introduce exactly the evidence Carter and Carvers propose to, under that specific circumstance, but the judges ruled it was premature.

The trial court has not yet ruled on the admissibility of the expert opinion that injuries to [Brooks] may be "suspicious for sexual assault" and thus whether the origin of the injuries may implicate a section of the rape shield law, they ruled.

That section allows evidence of past sexual activity by a victim if it is limited to a period not to exceed seventy-two hours prior to the time of the offense.

The jury must also be instructed at the time that the evidence is introduced, and reminded before they deliberate, of the the limited purpose for which the evidence is admitted.

It is not yet clear if the issue could be revisited closer to, or during, the trial once the admissibility of the expert opinion is ruled on. 

Madison Brooks, 19, died when she was hit by a car in East Baton Rouge, Louisiana , on January 15 after she was allegedly raped by four men

Judges Hunter Greene and Steve Miller voted in favor of the DA and Judge Elizabeth Wolfe dissented, saying she would deny the prosecutions motion.

We are pleased with the court’s ruling that will prohibit the defendant from introducing overly prejudicial and irrelevant evidence at the trial, Moore said.

Washington, Carver, and Carter were changed by a grand jury in 2023, and a fourth man, Everett Lee, was arrested but not charged.

Brooks was allegedly raped in the back of the mens car while the other suspects watched after a night of drinking at a bar in Tigerland.

The suspects then allegedly left Brooks stumbling and drunk on the side of a busy four-lane highway.

She was hit by a car about 3am and died from her injuries. 

Brooks alleged rapists claim they did not rape her and only consensual sex happened in the back of the car.

Brooks was allegedly raped by Carter and Washington in the back of their car while the other two suspects watched after a night of drinking at a bar in Tigerland

Other footage released by authorities shows the student running after the group of men on the night she died

Brooks was last seen drunkenly stumbling out of Reggies bar, which has since had its license revoked, with the group.

Other footage released by authorities shows the student running after the group of men on the night she died.

Fellow Varsity football player Washington has been accused of raping another young woman who claims he attacked her in October 2023 after targeting her at Reggie’s, the same bar the group met Brooks.

The victim in that case said she was too drunk to go home so asked if she could stay at one of Washingtons friends apartments.

According to his arrest affidavit, they all went back to the home together, where she and the friend started having sex in front of Washington.

The friend allegedly became more aggressive, pinning her down and ignoring her as she pleaded with him to stop.

The 29-second clip shows Madi appearing to tell the teenager Desmond Carter, 17, to get out of the car so she can Uber on her own

Her sorority Alpha Phi confirmed that she donated her kidneys and heart 

Washington was watching but then approached and felt the victims breast and vagina, the affidavit claims.

The alleged incident is the third accusation of rape to have been made against Washington.

In addition to Brooks, he is accused of raping a 12-year-old girl in 2020 after following her home from a pool party when he was 15.

The Walker High School Varsity Football player has been charged with first-degree rape in that case, with prosecutors vowing to upgrade the charges in relation to Brooks.

Lawyers for Washington previously submitted video footage to the court in an attempt to prove that the drunk sorority girl was able to consent to the acts – but a judge felt it showed criminality.

A legal expert told DailyMail.com that the judges inappropriate comments could taint the public opinion of the defendants.

Washington can reportedly be heard in the footage laughing at Brooks as she slurs her words after the alleged anal rape.

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

Carter has been formally charged with the first-degree rape and third-degree rape of Madi, but a grand jury chose not to indict him on one count of kidnapping

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

Brooks died after being hit by a ride-share car at 3am on January 15, when she was dropped off by the four men.

Two Good Samaritans reportedly stopped to perform CPR on the sophomore LSU student after the collision.

East Baton Rouge Parish Coroners Office says they were guided by first responders on the phone in the pouring rain after Madi was hit by the ride-share car.

They confirmed that Madi Brooks died from multiple traumatic injuries when she was hit by a car after allegedly being raped.

Police confirmed that the driver of the vehicle will not be charged as he was not impaired and contacted emergency services immediately.

A memorial was created for the amazing young woman who had limitless potential by her friends on the highway where she died.

Madison Brooks (left) seen behind the bar at Reggies with two sorority sisters. She had been drinking at the bar before she was raped and fatally struck by a car on January 14

Pictures show Washington partying with friends and posing for the camera, while another shows him topless and clutching an inflatable alien

The bar where Madi worked, according to several social media posts, has also had its responsibility for the incident called into question.

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

The Louisiana ATC has confirmed that they have suspended the license of Reggies following the seriousness of the allegations and potential threat to public safety.

An attorney for the bar, Kris Perrett, confirmed in a statement that they are fully cooperating with authorities.

She was raped. Rape is rape. Its just a horrific, terrible situation, a lawyer for Brooks family said in 2023.

And to the extent that those involved with the alleged rapist want to blame the victim and show up at press conferences and say things… were standing up for Madi. Thats not right.