Madison Brooks case: Defense's new motion is 'attempt to circumvent rape shield laws,' lawyer says

Fox Nation host Nancy Grace joins 'Fox & Friends' to discuss Carlee Russell, the Alabama woman who's currently not facing charges for faking a kidnapping story, as well as Grace's new Fox Nation series on the tragic death of Madison Brooks.

WARNING: GRAPHIC CONTENT

Lawyers defending two of Madison Brooks' alleged rapists want her cellphone as "a way to circumvent rape shield laws to get her sexual history," a lawyer representing Brooks' mom said.

Joe Long, who is representing one of the four suspects — Casen Carver — filed a motion to get Brooks' cellphone data from the 72 hours before the Louisiana State University student was allegedly raped and subsequently fatally struck by a car in Baton Rouge during the overnight hours of Jan. 14-15.

Long declined to comment to Fox News Digital, citing a gag order, but he told local news outlet WAFB that they have a right to know the origin of Brooks' physical trauma, which a coroner attributed to sexual assault. 

The motion was fiercely debated in court, with prosecutors arguing that the defense doesn't have a right to Brooks' phone or sexual history, but the judge ruled last week in Long's favor.

SUSPECT IN MADISON BROOKS RAPE CASE PREDICTS ATTACK IN SELF-RECORDED VIDEO: LAWYER

Madison Brooks, a 19-year-old LSU sophomore, was allegedly raped in January before being fatally struck by a car. (Ashley Baustert)

The district attorney is appealing the decision in an emergency hearing, according to Kerry Miller, a lawyer who is representing Brooks' mom.

In the meantime, the trial judge essentially paused records from being turned over to the defense until Nov. 13 to give the appellate court time to issue a ruling, Miller said Monday.

The East Baton Rouge District Attorney's Office