BATON ROUGE — District Attorney Hillar Moore has officially filed a motion to recuse the judge who is set to preside over the trial of Casen Carver, one of the four young men arrested in the Madison Brooks case.
The motion to recuse was filed on Sept. 26th under seal and will be directed to a 19th JDC judge, with all parties able to appeal the outcome to higher courts if they’re not pleased.
Moore told UWK that he was hoping that 19th JDC Judge Gail Ray Horne would voluntarily recuse herself, because she’d initially ruled that certain evidence could be used in the trial that the First Circuit Court of Appeal ruled could not be used. The Appellate Court’s ruling is final, meaning that the evidence can no longer be used, but because the judge has already seen that evidence and thought it was relevant to the case, the district attorney has now filed the motion.
Madison Brooks’ mom Ashley Baustert told UWK that she does not feel good at all about Judge Horne on her daughter’s case.
“There are numerous bad rulings that we had to overturn. I’m also not confident in her judgment based on her son’s prior sexual convictions. This filing is long overdue. Our family wants justice for Madi and a fair and just trial,” Baustert said.
She believes that as Madison’s mother, she must now be the voice her daughter no longer has: “It is my duty to demand that her case be heard before a court that is fair, impartial, and free of conflicts of interest. Judge Gail Horne cannot preside over this case in good conscience. Her own son’s history as a convicted serial rapist, coupled with her troubling record of overturning rape cases and releasing predators back into society, undermines the very foundation of justice.”
Baustert went on to say that she believes this case must be reassigned to a new judge so that “justice can prevail”
“This is not only about my daughter’s case—it is about every survivor who deserves to know that the system values their truth and their pain,” she told UWK. “Madison deserves a justice system that does not waver, does not excuse, and does not protect rapists. Casen Carver must be held accountable by a court that is beyond reproach. Anything less dishonors Madison’s memory and deepens the wound my family and I have been forced to carry.”
The DA’s motion comes on the heels of Carver waiving his right to a trial by jury, according to court records and his attorney, meaning that his fate will be decided by a judge.
Carver’s legal team filed a motion for a bench trial that was granted, stating in its motion that Carver was waiving his right to a jury “to ensure this case is heard without passion or prejudice.”
Moore added that because the judge has signed the motion for Carver to be tried by judge, it cannot be reversed, meaning if Judge Gail Ray Horne is removed from the case, Carver can only proceed with a trial by a judge, not a jury.
In June 2025, Carver’s indictment was updated to include an additional charge from the previous charges he faced. His indictment now includes a charge of video voyeurism for allegedly recording the night Madison Brooks is said to have been raped and killed.
Carver’s attorney Joe Long spoke to UWK about the decision to waive a jury trial, saying that he doesn’t believe Carver can have a fair, unbiased jury in this case.
“Everybody has their opinion made up without knowing the evidence,” Long said.
Brooks was the LSU student, who multiple men allegedly raped before she was dropped off and then hit by a car in January 2023.
According to the arrest warrant, Brooks had a blood alcohol concentration of .319, which was considered alcohol poisoning and 16 times the legal limit for anyone under the age of 21.
Carver, 19, was indicted on first-degree and third-degree rape in May. He was initially charged with principle to third-degree rape when he was arrested in January 2023. Carver was driving the car Brooks was allegedly raped in before her death.
Authorities say Brooks was seen at Reggie’s bar in Tigerland hours before she was killed. Deputies said Brooks and Desmond Carter were seen hugging and dancing inside the bar. Carter, a juvenile at the time, was charged as an adult in the case. Three hours after hugging and dancing in the bar, Brooks was seen on camera falling near the bar entrance, court records show.
According to arrest documents, Carver said that he noticed Brooks was drunk, and that she was unable to find her friends. He told deputies that he did not want to leave her alone, and he offered her a ride home.
Inside the vehicle with Carver were Carter, Kaivon Washington and Washington’s uncle. Carver told deputies that Brooks sat in the back of the vehicle with Carter and Washington.
Carver said he “drove a short distance to a nearby street and parked,” the affidavit says. The report goes on to say that Brooks and Carter had sex in the back seat of the car. Washington and another passenger got out of the car at this time.
Carver told deputies, according to the affidavit, that after sex, Carter exited the vehicle and Washington re-entered the vehicle. That’s when Carver said Washington had sex with Brooks. Carver said Brooks consented to sex with both men, but admitted that she was too impaired to give proper consent, the affidavit states.
Washington, 18, & Everett Lee, 27, were also arrested in the case.
A special grand jury convened on Jan. 11, 2024 and indicted Carver on one more charge: video voyeurism. Because it is a new charge, he had to be arrested again and booked for the charge.
Court records obtained by Unfiltered with Kiran show Carver allegedly videoed certain areas of Brooks’ body and shared that video without her consent.
Records say from Jan. 15, 2023 through Jan. 16, 2023, Carver allegedly used an image recording device to “view, photography or video tape” Brooks’ private areas without her permission.
Plus, records show the videoing was allegedly used for “lewd or lascivious purpose” and/or shared with other individuals without Brooks’ consent.
Video voyeurism carries a fine up to $500 and/or a maximum sentence up to six months.
“We’re looking forward to the truth coming out at trial instead of innuendo and rumors,” Long said to UWK. He added the public is invited to attend the trial if they wanted to know exactly what happened.
Carver’s trial is currently set for Dec. 1, 2025. Judge Gail Ray Horne is currently set to preside.
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MORE FROM UNFILTERED WITH KIRAN
- LSU student raped before she was killed by vehicle, four arrested
- Teen in Madison Brooks case charged as adult
- Reggie’s Bar in Tigerland to close after Madison Brooks’ death
- Driver of car in Madison Brooks case indicted on rape charges
- Madison Brooks Foundation launched to honor LSU student
Download the Unfiltered with Kiran app from the Apple App Store and Google Play to stay updated on the latest news across the Capital area.
Support UWK and its mission to deliver The News You Deserve. Unfiltered. Become a monthly patron on Patreon today!
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