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Investigative Unit: DA attempting to seal motion filed by attorney that discloses Madison Brooks' prior sexual encounter

BATON ROUGE - An attorney for an LSU student who was arrested along with three other people in the rape of Madison Brooks has filed a motion that claims a different LSU student caused Brooks injuries that were consistent with sexual assault. 

The motion, which was filed Monday by Casen Carver's lawyer, alleges that an unidentified LSU student — who is not named in the filing — had sex with Brooks the day before she died. The motion said that the unnamed student caused sexual injuries to Brooks that were used in evidence to arrest and indict the four men on rape charges. 

The motion says that the new testimony "will gut the State's theory of the case." 

District Attorney Hillar Moore said the filing was "totally inappropriate and not in accordance with the applicable rules of law."

On Tuesday, the DA's office filed its own motion to seal the records. Moore said Carver's motion violates the Louisiana Code of Evidence because it discusses a victim's past sexual behavior, which the code requires to be in documents kept separate and sealed. 

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