A suspect in Madison Brooks' rape case, who allegedly laughed and said, "They finna rape her," in a cellphone recording, was hit with his third criminal charge.
A grand jury recently indicted Casen Carver, 19, with video voyeurism for his alleged role in the 19-year-old Louisiana State University sophomore's alleged rape before her death in January 2023.
He is also facing first- and third-degree rape charges as well. Carver's lawyer, Joe Long, ripped the behind-closed-doors grand jury proceeding, saying, "It's been said a grand jury would indict a ham sandwich."
"This was a charge from back in January. The police didn't think it was a crime in January, but now the prosecutor has decided it is a crime because she has no case and is panicking," Long told Fox News Digital. "If the police looked at the video and did not charge him back in January, what does that say to a reasonable person?"
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Kerry Miller, Brooks' family lawyer, said it was "an appropriate charge" after seeing the video during a September court appearance. The video has not been released to the public.
"He knew what was going to happen. He said she was going to be raped at the start of the video," Miller told Fox News Digital.
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Brooks, an LSU sophomore, met the four suspects in Reggie's Bar in crime-ridden Tigerland, a social hot spot near the Baton Rouge university's main campus.
She was in the back seat of the suspects' car when she was allegedly raped and let out on the side of the road, where she was fatally struck by an oncoming car.
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From the front passenger seat, Carver turned the phone camera on himself and allegedly said in a recorded selfie video, "These guys are crazy. They finna rape her," Miller said.
Even though the back seat was blocked by some sort of obstruction, Miller said, Carver's 10- to 15-second selfie videos provided law enforcement with eyes inside.
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"You can see what's going on in the back seat from the right side of the camera," Miller said. "That's where you see Kaivon (Washington, another suspect) pushing Maddie down.
"Then you see Carter with his pants down on top of Maddie. You kind of see her legs sticking up, and she doesn't have anything on. You know it's Desmond Carter because he wore a plaid shirt."
As this alleged activity unfolded, Miller said, the music continued to play and at least one of the suspects was heard cheering.
"Carver, as he's recording, is like narrative, and he goes a couple of times, ‘They just flipped this b----,’" Miller said.
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The videos have only been seen by the grand jury, which happens behind closed doors.
"The grand jury is held in secret. It has been said that a grand jury would indict a ham sandwich," Long said.
"This is one of those kinds of deals. At trial, the jury will see through all this. My client is innocent. The public will see the truth at trial."
Carver pleaded not guilty to all charges.
The three other suspects – Everett Lee, 28; Washington, 18, and Desmond Carter, a 17-year-old who is being charged as an adult – all pleaded not guilty to all charges against them.
Washington has been charged in separate alleged rapes in the area.
Prosecutors continued to play short clips of videos after Brooks, who was intoxicated, was forced out of the suspects' car in the middle of Burbank Drive in the early morning hours of Jan. 15.
She stumbled into the middle of the busy, four-lane highway, where she was hit by an oncoming car.
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The driver stayed at the scene and called 911, while good Samaritans – Beau Adams, 21, and Kathryn Devillier, 21 – pulled over to try to save her.
Emergency personnel responded and rushed her to a hospital, where she ultimately died.
The suspects did not seem to know that Brooks died until the next day, prosecutors alleged, according to Miller.
Brooks' mom, Ashley Baustert, told Fox News Digital in a previous interview that she spoke about Adams' and Devillier's bravery.
"It gives me a lot of comfort and peace in that Beau and Kathryn were both there. The last few people that Madi saw wasn't going to be her [alleged] attackers," Baustert said.
The LSU seniors marked the area of the accident with a cross as a memorial for Brooks on the side of Burbank Highway, which grew with stuffed animals and other trinkets. They also attended Brooks' funeral and memorial services.
They keep in touch with Brooks' mom and check in on her.
