BATON ROUGE - Judge Gail Horne Ray was recused from presiding over the trial for Casen Carver, one of four people arrested in the alleged rape of Madison Brooks that happened in 2023. 

Questions about Horne Ray's impartiality arose last year after she overturned a rapist's conviction, who was asking for parole.

Some pointed out that her son, Nelson Dan Taylor, is a convicted serial rapist.

However, District Attorney Hillar Moore says that's not why he requested her recusal.

"We did not argue her son. That's what this defendant said and felt amongst themselves, him and his father, based on rulings that she had made and particularly this particular ruling. So we did not argue that it was her personally. That's his opinion, that's the way he saw it," Moore said.

The motion to recuse included text messages from Carver to his father about Judge Ray, saying "her son was accused of rape a while back so she knows to help us."

Excerpt from reasons for and order on motion to recuse 

Judge Brad Myers presided over the recusal decision and pointed to the texts in his ruling, calling the communication "particularly concerning."

The state's main concern was how much Judge Horne Ray knew about the case. Previously, she had ruled that Brooks' sexual history could be used at trial. The ruling was overturned, but since the defense requested a bench trial, Ray would be the judge, and she had already seen that evidence.

"Knowing now that she had made that decision, heard that, and is now being told, 'You cannot consider that.' It's the bell she cannot un-ring in her head," Moore said.

Myers said in his decision that the evidence alone was not enough for recusal, but coupled with the texts, he had no choice.

Carver's lawyer, Joe Long, sent the following statement:

"The recusal hearing was the first ruling in a long action. No matter who won the hearing, the other side was going to appeal, and no matter who wins at the Court of Appeal, the other side will appeal to the Supreme Court of Louisiana. This has been the nature of the case. We respect Judge Myers and the work he put into the opinion. He found no bias or prejudice in Judge Ray, but ruled to recuse anyway. We respectfully disagree with his ruling and will seek supervisory writs."

Arrest documents say Brooks, a 19-year-old LSU student, left Reggie's Bar with Carver, Kaivon Washington, Desmond Carter and Everett Lee in the early morning hours of Jan. 15, 2023. The group went to a parking lot, where Washington and Carter are accused of raping Brooks in the backseat of Carver's vehicle. The men told officers that Brooks requested to go home and they took her to an address in the Pelican Lakes subdivision and dropped her off. After they left, Brooks wandered into the roadway and was hit and killed by a rideshare driver. 

Washington, Carter and Carver were arrested for rape. Carver is charged with rape even though there is no evidence that he had sex with Brooks.

Carver is facing charges for first-degree rape, third-degree rape and video voyeurism. His trial is scheduled to begin Dec. 1. Judge Fred Crifasi has been appointed to preside over the trial.