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Following Nakamoto reports on Madison Brooks case, judge signs protective order to stop evidence leaks

8 months 3 weeks 5 days ago Tuesday, August 01 2023 Aug 1, 2023 August 01, 2023 10:32 AM August 01, 2023 in News
Source: WBRZ

BATON ROUGE — Attorneys involved in a high-profile rape trial have agreed to keep evidence related to the case under wraps after documents were leaked to the WBRZ Investigative Unit last week. 

Prosecutors with District Attorney Hillar Moore's office filed a motion late Friday seeking a protective order to stop the leak of evidence in the Madison Brooks case. On Tuesday, Judge Gail Ray signed that order after lawyers on both sides reached an agreement.

Last week, WBRZ  aired a series of stories citing laboratory reports that show that none of the suspects charged with rape had their DNA inside of her.

The protective order specifically references reporting by WBRZ and Chief Investigator Chris Nakamoto. Following the leak of evidence, Moore's office took away access to the documents for the four men's lawyers in an effort to keep the information out of the public's hands.

"Following a leak of documents provided in discovery to the media, District Attorney revoked access to the discovery provided to defendant's attorney," the motion reads.

That access was restored Tuesday after the protective order was put in place.

Brooks died after being hit by a car on Burbank Drive shortly after leaving the bar. Days after her death, four men, Casen Carver, Kaivon Washington, Desmond Carter, and Everett Lee were arrested on rape accusations, and all but Lee have been formally charged by a grand jury. Documents show that results from DNA testing was not filed until 20 days after the men were arrested. Documents also show Brooks' family pushed for a sexual assault investigation while detectives were working the case as a pedestrian fatality.

The district attorney's office said it knows about all of the documents that were leaked because they traced which lawyer accessed the information.

"The specific documents known to have been "copied" and leaked at this time are the DNA test, Autopsy report, and an EBRSO police report from this case," the court motion reads.

Moore's office alleges the leaking of the documents was done to obstruct justice.

"The leaking of selected and piecemeal portions of the State's discovery was done with the intention and knowledge the dissemination of such would have a substantial likelihood of materially prejudicing the proceedings. This act was one tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for it's authority — the authority of the court to preside over this case in a court of law, not that of public opinion," the motion said.

Prosecutors said the lack of DNA in this case was a fact not in the public record prior to July 26, 2023 — the date the WBRZ Investigative Unit broadcasted the story. 

The next court date is scheduled for Aug. 7. 

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