A 19-year-old student is seen arguing with her accused rapists just moments before she was struck by a car and killed.
Louisiana State University pupil Madison Brooks was killed in Baton Rouge, Louisiana, US, on January 15 after she had been allegedly raped in another car and left in the street, drunk, when she was hit.
In a newly released video by her accused lawyer's they claim the 29-second clip helps prove their client is innocent.
The footage, which was captured by one of the men, sees Madison in the middle seat in the back of the car.
“I’m sorry that I offended you that bad,” she says. As one of the men off-camera can be heard saying: “Take her home.”
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Madison Brooks is seen arguing with her accused rapists just before her death (WBRZ)The student says: “I’m sorry that your feelings got hurt,” later in the video.
She demands to leave the car as she says to the man sitting next to her: "Get out, get out. I will Uber on my own", as he stepped outside so she could exit the vehicle.
Madison left the car and called the driver, Casen Carver, “gay” as she left.
Madison is seen in the back seat of the car (WBRZ)Defence lawyers for the men claim the video shows Madison had consensual sex with two of the men and that she wasn't raped.
Lawyer Ron Haley said: "Speaking and engaging in conversations, using very vulgar language to the driver of the vehicle.
“Insulting the driver of the vehicle — implying that the driver of the vehicle is not straight based on him not wanting to engage in certain activities with her.
The student is seen getting out the car just moments before her death (WBRZ)"It doesn’t put anyone in the best light, but again, not being put in the best light isn’t the same thing as rape.”
Authorities claim Madison's blood-alcohol content was 0.319%, which is nearly four times the legal limit, when she was allegedly raped.
Prosecutors argue the student was too drunk to consent to sex and charged 18-year-old Kaivon Deondre Washington and a 17-year-old boy, who has not been identified because of his age, with third-degree rape.
Three men and a teenager have been charged with the rape of 19-year-old student Madison Brooks (ENTERPRISE NEWS AND PICTURES)Casen Carver, 18, a fourth passenger, 28-year-old Everett Lee were each charged with principle to third-degree rape, which claims they witnessed but did not participate in the sexual assault.
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Kerry Miller, a lawyer for Madison's family, believe the teenager was sexually assaulted.
She said in a statement: "“Under Louisiana law, this is rape. We were deeply offended by blaming the victim, and statements regarding if she hadn’t been hit she wouldn’t be complaining of things.
"We thought that was deeply offensive and plain wrong.”
Kaivon Washington has been charged with third-degree rape (East Baton Rouge Sheriff's Office)The defence lawyers argue they have further video, which has not been released, that helps their case.
But according to District Judge Brad Myers, who saw the videos, they support the prosecution’s argument.
He said one clip shows Madison falling over and needing help to stand as one of the suspect's “callously” laughs at the victim.
Mr Myers told a bond hearing: “The evidence to me is clear.”
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