Mistrial Granted In Vanderbilt University Gang-Rape Case Despite Graphic Video Evidence
Former Vanderbilt University football players, Brandon Vandenburg and Corey Batey, were granted a mistrial after their lawyer successfully argued that the jury foreman had intentionally withheld that he was a rape victim during the jury selection process. Vandenburg and Batey were both found guilty of several counts of aggravated rape and aggravated sexual battery after Vandenburg gave his girlfriend excessive alcohol and dragged her unconscious body into his dorm room where three other men were waiting. Vandenburg then turned on a pornographic video and told the three others to violate the woman with a water bottle and rape her as he videotaped the incident. He then shared the video of the gang-rape with friends and police recovered the disturbing footage. Now, the pair may be allowed release from prison on bond while they await a new trial.
The Tennessean reports that Brandon Vandenburg and Corey Batey’s attorneys are asking that the men be released on bond until a new trial date can be set. The pair were convicted of aggravated rape and aggravated sexual battery after video surfaced that showed Vandenburg’s girlfriend being gang-raped at the former Vanderbilt football player’s request in his dorm room by three of his friends, including Corey Batey. The sexual assault was recorded on Vandenburg’s cellphone and sent to two of his close friends. Instead of reporting the rape, the friends informed Vandenburg that he should “Delete that s**t.” Another friend sent an even more disturbing message in response to the graphic video.
“Dog, kick that b***h out or gang-bang her. Don’t let her wake up.”
Despite the damning evidence, Nashville Criminal Court Judge Monte Watkins declared the case a mistrial today after attorneys successfully argued that the jury foreman may not have been impartial in the case as he had been raped as a teen. Following the high-profile Vanderbilt rape case, it came to the attorneys attention that one of the jurors, the foreman, had been raped at the age of 16 by a man seven years his senior. The attorneys claim this made the juror impartial and the trail should be deemed a mistrial. The judge agreed.
“Our system of justice cannot tolerate a trial with a tainted juror regardless of the strength of the evidence against the defendant. Applying the above legal standard and looking at the totality of the circumstances, the Court finds that the proof and arguments presented at the (mistrial) hearing provides enough evidence that granting a new trial is necessary and appropriate in order to promote a fair determination of the defendants’ guilt or innocence.”
The jury foreman, Todd Easter, says that he did not disclose the information because the relationship was “consensual” and he did not feel like a victim.
What do you think about the mistrial verdict? Should Brandon Vandenburg and Corey Batey be released on bond until a new trial can be scheduled?
[Image Credit: MNPD Mugshot]
