For the past 15 months, authorities have pursued criminal charges against four men accused of sexually assaulting a severely intoxicated Madison Brooks not long before the 19-year-old LSU sophomore was fatally struck by a car near her Ïã¸ÛÁùºÍ¿ª½±ÀúÊ·¼Ç¼ apartment.
The incident followed a night of drinking at Reggie's, a now-closed bar in Tigerland, where Brooks' parents allege bartenders issued Brooks an "over-21" wristband despite her being underage and served her 24 drinks the night she died. She had a blood alcohol content of .282, authorities say — more than three times the legal limit.
A wrongful death lawsuit lodged by her father, John Brooks, has run parallel to the criminal proceedings since the grieving dad filed suit last September. It alleges nearly two dozen defendants, including Reggie's owners and bartenders, were complicit and should be held liable for his daughter's life being cut short early the morning of Jan. 15, 2023.
On Monday, state prosecutors asked a judge to halt the transfer of evidence among attorneys in the civil battle until the criminal cases against Brooks' alleged rapists conclude.
District Judge Tiffany Foxworth-Roberts agreed to put a temporary hold on evidence collection — known as discovery — in the lawsuit so it doesn't interfere with the state's ongoing criminal prosecution. The District Attorney's office has been vocal in fighting to limit the disclosure of court records in the high-profile case, particularly after DNA and autopsy evidence was "leaked" publicly last summer.Â
In August, a judge presiding over one of the defendants' criminal case barred attorneys from releasing any evidentiary files to third parties outside the courtroom. Prosecutors said in court Monday that Carter and Washington's respective attorneys have also agreed to the conditions of the gag order.
During the hearing, Assistant District Attorney Kathleen Barrios Heap said discovery in the civil suit could compel the defendants to incriminate themselves in depositions leading up to a civil trial. Barrios also said it also could result in violations to the judge's protective order aimed at preventing crucial evidence from being divulged publicly.
Casen Carver, Desmond Carter and Kaivon Washington were indicted for first-degree rape, among other charges, in the aftermath of Madison Brooks' death. According to those criminal indictments, Carter and Washington sexually assaulted Madison Brooks in the back seat of Carver’s car, and he recorded multiple videos on his cellphone. Everett Lee, 29, a fourth man in the car during the incident, was also arrested but has not been formally indicted by a grand jury. During Monday's hearing, prosecutors said that investigation remains ongoing.
Carver, Washington and Carter — all three defendants are 19 — each face a mandatory life sentence if convicted of first-degree rape. All three, along with Lee, are named as defendants in John Brooks' lawsuit.Â
Prosecutors say Madison Brooks was too intoxicated to give consent, but attorneys for the three indicted defendants have argued the sex was consensual.
Madison Brooks' mother, Ashley Baustert, is listed as an adjoining plaintiff in John Brooks' lawsuit. Baustert in January filed a nearly identical wrongful death lawsuit of her own that names most of the same defendants.
On April 15, District Judge Wilson Fields put the brakes on discovery in that civil case while the criminal cases play out.Â
