The Louisiana Supreme Court has reversed the findings of two other courts and overturned the recusal of a judge in the trial involving a defendant in the Madison Brooks rape case.
Brooks, an LSU student at the time, died following a night of heavy drinking Jan. 15, 2023, in Tigerland. She was allegedly raped in a vehicle before being dropped off in a subdivision and fatally hit by a car.
Madison Brooks was a 19-year-old LSU sophomore who died early the morning of Jan. 15, 2023.
Judge Gail Horne Ray of the 19th Judicial District Court, who had presided over the case for nearly three years, was recused by Baton Rouge Judge Brad Myers in November to “safeguard public confidence” in the judicial process of Brooks’ case after texts surfaced suggesting a friendship with the family of the defendant, 21-year-old Casen John Carver.
On March 19, a panel of First Circuit appellate judges agreed with Myers and upheld the recusal.
But Joe Long, one of Carver’s attorneys, asked the state Supreme Court to weigh in on the matter. And late Friday, the court issued a one-paragraph supervisory writ granting Long’s request, saying the state “failed to carry its burden to require recusal in this case.”
East Baton Rouge Parish District Attorney Hillar Moore disagreed with the court’s finding, noting the panel did not provide detailed reasons for the reversal despite the earlier decisions.
“While we have great respect for the Louisiana Supreme Court, their ruling lacks the detailed legal reasoning provided by the lower courts,” Moore said in a statement Saturday. “Because this non-unanimous decision leaves critical legal questions unanswered, our office will file an application for rehearing to seek clarity on the court’s reasoning.”
Attempts to reach Long on Saturday were unsuccessful.
What’s at stake
Carver, of Denham Springs, was one of four men in the vehicle with Brooks when prosecutors allege she was sexually assaulted. He faces charges of first- and third-degree rape and a charge of video voyeurism.
Should he be found guilty of first-degree rape, Carver is subject to a mandatory life sentence. Carver and two other defendants are accused in Brooks’ rape, but not her death.
The main issue for Judge Myers in removing Ray from the case were texts between Carver and his family. In the texts, Carver suggested Ray is a friend to the family and had a family member who had been accused of similar crimes, so she would be sympathetic to him.
Nelson Dan Taylor Jr., Ray’s 46-year-old son, was convicted of two counts apiece of forcible rape and aggravated burglary in 1997. Ray was one of his trial attorneys, according to court records.
A text from Carver to his father in February 2023 said: “And the judge we are getting, I think u know about but we are friends with her and she is really good for our case. Her son was accused of rape a while back so she knows to help us.”
Myers did not find that Ray showed any bias toward Carver or other defendants during pretrial motions, saying in his ruling that the decision was made to avoid the appearance of an improper conflict of interest.
Long argued to the Supreme Court that the request for Ray’s recusal was not timely and prosecutors had not proved actual bias or the potential for bias.
Prosecutors originally sought Ray’s recusal after Carver asked for a bench trial, rather than a jury trial. It had been scheduled for August before Judge Fred Crifasi.
Staff writer Quinn Coffman contributed to this report.
