Judge with Rape History Presiding Over High-Profile LSU Student Rape Case

Kerry Miller, the lawyer representing Madison Brooks' family, speaks out after a judge with a history of leniency in rape cases is assigned to preside over the case.

Kerry Miller, the lawyer representing the family of slain LSU student Madison Brooks, has raised concerns about the judge presiding over the case, who has a history of leniency in rape cases and a personal connection to a convicted rapist.

Judge Gail Horne Ray, who is presiding over the alleged rape and death of Brooks, has sparked controversy due to her previous rulings in rape cases and her own son's criminal history. Ray made an unprecedented decision to vacate a 1972 rape conviction during a hearing for parole eligibility, despite it not being requested by the defendant's lawyers.

The Louisiana Supreme Court overturned Ray's decision, calling it "grossly erroneous" and "a patent abuse of discretion." The court questioned Ray's motives and raised concerns about her ability to fairly preside over a rape case.

Ray's leniency in rape cases extends beyond the vacated conviction. As a judge, she released a man accused of raping his preteen neighbor without alerting the victim or the district attorney's office. Decades earlier, she defended her son after his arrest for multiple rapes in the 1990s. Her son ultimately pleaded guilty and Ray fought for a lighter sentence.

Ray's rulings in rape cases, coupled with her own son's criminal history, have raised concerns about potential conflicts of interest in the Brooks case. Her family fears that Brooks will not receive a fair trial due to Ray's biases and history.

Ray has not responded to questions about potential conflicts of interest or the Supreme Court's ruling. She has also not indicated whether she will recuse herself from the Brooks case.

Ray is a Silver Life member of the NAACP and has received awards for her work in the community and dedication to justice. The Baton Rouge NAACP has backed Ray, stating that her membership is not dependent on her decision-making abilities.

All suspects arrested and charged in Brooks' attack have pleaded not guilty and maintained their innocence. Their lawyers have argued that the sex was consensual and downplayed the severity of the crime.

"After this hearing, the defense expects to get into the blood alcohol data and challenge the blood alcohol content at the time of the alleged sexual contact," said Joe Long, Carver's lawyer.

Prosecutors allege that Brooks' blood alcohol level was .319%, which the defense intends to dispute. The legal limit for drivers in Louisiana is .08%.

The trial is scheduled to begin in the fall, with sensitive information subject to a protective order. The defense has requested access to Brooks' phone data and plans to challenge the prosecution's case based on her level of intoxication.