Vandy rape case update

[jbcarol]

https://twitter.com/sbarchenger/status/716701643702681600

[jbcarol]

Stacey Barchenger Verified account
‏@sbarchenger

New defense tactics in Cory Batey retrial? And will they work vs video? http://tnne.ws/1MMgreH  via @tennessean #vandytrial #vandyretrial

The retrial of Cory Batey on aggravated rape and aggravated sexual battery charges this week could bring tweaks in his defense strategy, but legal analysts say it will be unlikely to decrease the impact of graphic photographs and videos that are the state's key evidence.

Batey, one of four former Vanderbilt University football players charged with raping an unconscious female student in a dorm on June 23, 2013, is set to stand trial Monday in Nashville. He went to trial last year alongside Brandon Vandenburg, but there was a mistrial. One of Vandenburg's attorneys had a medical issue and last week asked for a delay, prompting the state to move forward with Batey's trial.

So Batey, 22, now faces a jury alone. His trial is expected to last a week. Vandenburg's trial has been set for June 13, according to online court records.

Batey's trial is likely to unfold with the prosecution's same witnesses, and the state is sure to show the jury the photographs and images taken during the incident. Holding separate trials also means prosecutors can introduce more evidence against each defendant.

And there have been hints that Batey's defense team will present a case blaming alcohol, as they did in the first trial, but it is not known whether Batey will be back on the stand to testify in his own defense.

The woman who, according to prior trial testimony, was carried into the dorm, put on the floor and then repeatedly sexually assaulted and photographed is expected to testify on Friday as the state's last witness. She previously said she does not remember the incident. The Tennessean generally does not name individuals police say are victims of sexual assault.

Teasley, one of Batey's attorneys, was brought onto the case after the last trial. She may cross-examine the woman.

"Rape is an extremely sensitive issue," Todd said. "It's often easier and comes across less hostile if a female does the cross examination on a female rape victim."

[jbcarol]

Stacey Barchenger ‏@sbarchenger 10m10 minutes ago

Cory Batey has a new attorney with him this morning it seems; as well as Robinson and Teasley. Court just called into session. #vandytrial

Who is in court: Cory Batey's mom and family members; @DavidsonCoDA Glenn Funk, @MNPDNashville detectives Chad Gish, Jason Mayo.

Attorneys for Batey, state spar over whether alcohol can be used as defense and if so, to what. Judge Watkins takes it under advisement.

Deputy DA Tom Thurman says he got email from defense late yesterday; toxicologist who will talk about Batey's intox wants to change report.

Thurman says toxicologist testimony not valid; Batey's lawyer Robinson says change is minor and fixes estimated intoxication night of rape.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 46m46 minutes ago

Batey's attorney Courtney Teasley to give opening statement now. She's sitting before the jury (she's pregnant). #vandytrial

Teasley: "Albert Einstein said a person who never made a mistake never tried anything new."

[Translation: If you've never urinated on a passed out woman you've just raped, you've never tried anything new and you are a square."]

Teasley: New experiences in college include drinking, first blackout. College is time for making mistakes.

Teasley talking social media, people now take pics of everything: "food, family, a rock."

Teasley: "With this new technology comes with the inability to learn from your mistakes." Before tech, mistakes stayed private.

[Yeah, some unfortunately some idiot bystander caught this on video. No wait, it was Vandenberg.]

Teasley says Batey had too much to drink at party, had to be helped back to his room by Quela Royster. She'll likely testify.

Outside dorm and upon seeing unconscious woman: "Nobody thinks anything particularly wrong has happened here," Teasley says.

Teasley says woman was holding on to Vandenburg when carried into dorm. Defense tried to argue this at first trial.

Defense trying to show woman was not unconscious at the time; helpless victim is element of agg rape.

Predicted this: Teasley says Batey was puppet being directed by others in the room.

Teasley: "Here is where the puppet meets his masters. The two drunkest people in the room become the entertainment for the night."

Teasley: "The state wants you to accept that (the woman) had a blackout but don't accept that Mr. Batey had a blackout."

Teasley says jury shouldn't believe co-defendants -- have something to gain by testimony; find Batey not guilty of agg rape.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 1h1 hour ago

We're coming back into session. Vanderbilt Police Lt. Harville is here; he'll testify about surveillance video from dorm. #vandytrial



Harville says video of Gillette Hall corridor shows Vandenburg carrying woman, Banks opens door, Batey walking toward them.

Woman who police say was raped is not in court. Prosecutors have said she has tests this week in grad program out-of-state.

Vandenburg leaves room after 3 a.m. with McKenzie, Banks; all go into bathroom. Vandenburg has something behind his back, Harville says.

Vandenburg was charged with tampering with evidence, which at the last trial state said was destroying condoms used in rape.

Harville: Batey comes out of dorm for a few seconds. Vandenburg comes out with towel, puts it over surveillance camera

Video shows Batey in the elevator eating some food, Harville says. Goes to sixth floor, goes to Banks & McKenzie's room.

Harville says video now shows Batey going to bathroom with towel about 3:45 a.m. Batey then goes to let woman into dorm.

Prosecutors said in opening statements Batey was with two women, one before and one after the rape. That's what Harville is getting at now.

Harville now talking about other players who came to dorm, put woman into Vandenburg's bed. Among them, Chris Boyd: http://www.tennessean.com/story/news/crime/2013/09/13/vanderbilt-rape-case-graphic-details-emerge-during-chris-boyds-hearing/28936529/ ...

[jbcarol]

 Stacey Barchenger ‏@sbarchenger 10h10 hours ago

Updated story: In Vandy rape trial defense blames alcohol, others http://tnne.ws/1MO4wgE  @Tennessean #vandytrial #vandyretrial

Cory Batey was like a puppet, so drunk in the early morning hours of June 23, 2013, he could do only what others told him to do inside a Vanderbilt University dorm room, his lawyer told a jury Monday.

"Here is where the puppet meets his masters," defense lawyer Courtney Teasley said. "The two drunkest people in the room become the entertainment for the night."

Then Teasley outlined what she said Batey, a former Vanderbilt football player, was ordered to do to an unconscious woman on the floor: "Put your behind in her face. A picture is snapped. Pose behind her. A picture is snapped. Pose near here. Picture snapped."

Batey, who along with three other former football players, is accused of raping the unconscious 21-year-old woman in a university dorm nearly three years ago.

Batey and Brandon Vandenburg both were found guilty of charges against them last year.

But prosecutors said Batey, 22, knew what he was doing in the room at Vanderbilt's Gillette Hall that night. And one of their first witnesses, who took the stand late Monday, worked to poke holes in Batey's story, countering the defense lawyer's assertion that Batey was drunk.

Deputy District Attorney General Tom Thurman outlined the state's case, giving a 20-minute opening statement nearly identical to the one he delivered at the first trial on Jan. 13, 2015. He described how everything was going right for the woman, until the day that became her "worst nightmare." That nightmare is portrayed in images and video, the state's key evidence.

There was one new witness: Gerald "G.L." Black, who oversaw student conduct at Vanderbilt in June 2013.

He testified Monday afternoon, describing how he got involved after campus police found surveillance video showing Batey and football teammates Vandenburg, Jaborian "Tip" McKenzie and Brandon E. Banks going into the room where Vandenburg had carried the woman. McKenzie and Banks are the others who face charges. No trial date has been set for them.

Jurors were read a statement Batey gave to Black on June 25, 2013, and heard a recording of Batey's student conduct interview.

In those Batey denies having anything to drink the night authorities say the alleged sexual assault occurred. Batey told Black during the interview he did not touch the woman and did not take any pictures of her, according to the recording played in court.

Batey said he was leaving his dorm when he ran into Vandenburg, who asked for help with his girlfriend who had passed out in a car. Batey told Black, according to the testimony, he helped his teammate bring the woman in and was in Vandenburg's dorm for "five minutes, maybe."

Thurman said in his opening statement that Batey was in the room much longer than five minutes.

"Within a minute of being in that room, Mr. Batey starts assaulting (the woman)," Thurman said.

Thurman said pictures and videos taken by the men and recovered by police show: Batey putting his finger into the woman's [CENSORED] and anus, putting his [CENSORED] into her mouth, penetrating her with his [CENSORED]. Banks inserting a bottle into the woman's anus. Vandenburg "having a good old time" recording it.

"Then Mr. Batey does the ultimate to degrade the victim, he urinates on her," Thurman said. "That is the end of the 30-minute attack."

[jbcarol]

https://twitter.com/sbarchenger/status/717344368236105732

Det. Jason Mayo seized Brandon Vandenburg's laptop and worked to ID people in videos. Could not ID all people on surveillance. #vandytrial

[jbcarol]

https://twitter.com/Tennessean/status/717403213494812674

Nashville police detective Jason Mayo wrapped up his testimony Tuesday morning in the second day of the trial of a former Vanderbilt University football player charged with aggravated rape.

Cory Batey, 22, is accused of raping an unconscious woman in a then-teammate's dorm room on June 23, 2013. He and the other player, Brandon Vandenburg, were found guilty after a trial in June, but a mistrial was declared. [Jury foreman lied about an event in his life during the jury selection process.]

Mayo outlined his work on the case, setting up a framework for how police recovered graphic images and videos of the incident. Mayo said he got a search warrant and seized cellphones from Batey, Vandenburg and other players.

He also introduced a recording of an interview he did with Batey on June 27, 2013. The recording was not played at the previous trial. The jurors followed along in printed transcripts. In the recording, Batey said he helped Vandenburg get an unconscious woman to his dorm.

"Did you mess with this girl?" Mayo asked.

"No sir," Batey replied.

Batey's lawyer Courtney Teasley tried to show in her cross-examination that Mayo's investigation was faulty or focused too early on Batey as a suspect. She questioned why there were no date stamps on pictures taken of Vandenburg's dorm, and why a photograph of a watch taken from Batey's room showed a date of one day before Mayo served a search warrant on the room.

Mayo said the watch was wrong, and date stamps are only sometimes helpful.

Tensions between the legal teams flared: Teasley objected once during her own cross-examination, suggesting that Deputy District Attorney Roger Moore was shaking his head and giving Mayo answers.

"Your honor, that's just beyond...," Moore started to respond. He said Teasley was asking questions about things that were not in evidence.

Teasley apparently prepped by watching

https://twitter.com/ACSFX/status/706235105719816192

[jbcarol]

Stacey Barchenger ‏@sbarchenger 1h1 hour ago

Check out @Tennessean interactive story: How Cory Batey's retrial is different than 1st #vandytrial: http://bit.ly/trialdifferences ... #vandyretrial

[jbcarol]

https://twitter.com/sbarchenger/status/717539214196404224

Editor's note: This story contains graphic content and may be disturbing to some readers.

An expert brought in by defense attorneys told a jury Tuesday that in the early morning hours of June 23, 2013, Cory Batey was drunk enough to do "silly things, jackass things."

What prosecutors say Batey did that day was rape an unconscious 21-year-old woman in a Vanderbilt University dorm.

Jonathan Lipman testified for the defense on Tuesday in Batey's second day of trial. Batey, a former Vanderbilt football player accused of aggravated rape and aggravated sexual battery, has faced a jury before. But a mistrial was declared in June, leading to Batey's retrial, which began Monday.

Lipman (Batey's Rosa Lopez) could not be in Nashville later in the week so he testified early. The state is still presenting its witnesses, including Metro police Detective Chad Gish, who testified Tuesday.

Gish seized phones from the four former players charged in the case and analyzed them. He found graphic thumbnail photographs on the phones belonging to Batey, Brandon Vandenburg and Brandon E. Banks, he said, but none on the phone of Jaborian "Tip" McKenzie.

Vandenburg previously stood trial with Batey, and faces retrial in June. Cases involving the other two men are pending.

In those pictures, Gish said, it appeared Batey was penetrating the woman with his finger and squatting on her face, raising a middle finger. Other images, Gish said, showed Batey touching and photographing the woman's [CENSORED] and anus.

http://www.neuroscienceconsulting.com/about.php
Johnson City, TN

...In forensic matters, litigation support in the area of neuropharmacology is provided in civil and criminal cases, to plaintiffs, defendants, law enforcement and insurance agencies and to the Courts.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 38m38 minutes ago

Watkins: "Mr. Robinson where is your co-counsel? ... I'm not going to sit and wait on you." Batey's lawyers Teasley, Babb late. #vandytrial

Defense lawyers Teasley, Babb just walked in five minutes late. Jury took notice. #vandytrial

[jbcarol]

Stacey Barchenger ‏@sbarchenger 47m47 minutes ago

Det. Chad Gish left off yesterday talking about how detectives decided to go to California: messages from Vandenburg to friends there. #vandytrial

Gish: Went to California to interview, get electronics from Miles J. Finley, Joseph D. Quinzio. #vandytrial

Gish breaking down highly technical procedures for how he got videos, pictures off cellphones and laptops. Has jury's attention. #vandytrial

Gish found three different videos of incidents in dorm room on Quinzio's laptop. I expect jury will soon see those videos. #vandytrial

Lawyers meeting with Judge Watkins in chambers at defense's request. This is second time this morning already. #vandytrial

Three attorneys walked out of chambers, then were called back. Wish I could read minds right now. #vandytrial

Here's story from last trial based on testimony of Finley, Quinzio. They were charged and got deals: http://tnne.ws/1yYLdXv  #vandytrial

[jbcarol]

 Stacey Barchenger ‏@sbarchenger 12m12 minutes ago

Gish says he recovered messages sent by Batey to Boyd. "Everything still good?" sent on June 23, 2013 at 6:22 p.m. #vandytrial

This goes to cover up state says players tried after sexual assault. Batey to Boyd: "video deleted? Have you talked to her?"

[jbcarol]

Stacey Barchenger ‏@sbarchenger 2m2 minutes ago

Sorry for delay, here's my lunchtime update with 3 key things from #vandytrial today: http://tnne.ws/1MSHd5g  via @tennessean #vandyretrial

Metro police detective Chad Gish continued his testimony Wednesday morning in the retrial of Cory Batey, a former Vanderbilt University football player charged with raping an unconscious woman in June 2013.

Gish found 30 images of the woman before and during the assault on phones belonging to three men charged in the case: Batey, Brandon Vandenburg and Brandon E. Banks. No graphic pictures were found on the phone belonging to the fourth man, Jaborian "Tip" McKenzie.

Gish outlined how he and other detectives went to California, where they seized cellphones and laptops and then found three videos of the incident and messages Vandenburg had sent to friends there. In one video with audio, jurors heard someone say "you ain't even hard bro." Gish said that video showed Batey appearing to have sex with the woman.

Prosecutors put in evidence text message conversations Batey had with other people in the days after the incident, which could go to show the efforts players took to cover up what had happened. Those messages were sent to people including Chris Boyd, who was charged in the case, and someone named Antonio Richardson. Batey previously confirmed in court that was "Tiny," the nickname used by former University of Tennessee football player Antonio Richardson.

Gish read one of Batey's texts to Boyd the day after the incident: "Video deleted? Have you talked to her?" Boyd said, "Nah she doesn't know that anything happened but she passed out in Vandenburg's bed." Two days after the incident, in a conversation with Richardson, Batey says he has to meet with his football coach and has to leave Nashville. One of those texts, sent by Batey to Richardson: "We just helped the b---- to her room because who she was with he was too drunk. I need your help, bro."

Batey's lawyer Courtney Teasley started her cross-examination of Gish's testimony, suggesting that multiple images shown to the jury showed the same acts...
[Well ... case closed.]

[jbcarol]

Stacey Barchenger ‏@sbarchenger 1m1 minute ago

State calls Jaborian "Tip" McKenzie, now 21, co-defendant in case. His attorney Jodie Bell seated in public area of courtroom. #vandytrial

McKenzie says he, Banks and Batey were "like best friends." Batey was a leader, he said.


https://vanderbilt.rivals.com/cviewplayer.asp?Player=444273

[jbcarol]

Stacey Barchenger ‏@sbarchenger 19m19 minutes ago

McKenzie says when he, Banks, Batey went back to dorm after party, were buzzed but walking fine, could understand each other #vandytrial

McKenzie: As Batey began undressing woman, Vandenburg tried to wake roommate and handed out condoms.

Prosecutors replay video from dorm with sound of giggling; McKenzie holds hand over his mouth as he watches.

McKenzie says it's Vandenburg laughing on video.

McKenzie says no one was directing Batey what to do. That's not what defense wants jury to believe.

Here is my story based on McKenzie's testimony at Batey's first trial: http://www.tennessean.com/story/news/2015/01/20/vandenburg-coaching-during-alleged-rape/22053371/ ...

[jbcarol]

Stacey Barchenger ‏@sbarchenger 5m5 minutes ago

McKenzie admits he lied to police before, but he's being honest now. Hopes it'll mean "consideration" from DAs in his own case.

[jbcarol]

 Stacey Barchenger ‏@sbarchenger 14h14 hours ago

Judge Watkins letting jury go home early, says he thinks there's whole new set of movies at jurors' hotel today!

Here's the day-by-day update of what happened in trial today: http://tnne.ws/1MNFsGu  via @tennessean #vandytrial #vandyretrial

Co-defendant Jaborian "Tip" McKenzie testified and said he saw Cory Batey ...

McKenzie said another man, Brandon Vandenburg, was coaching the others, but no one told Batey what to do. He said Batey was buzzed but was still walking and talking fine.

In cross-examination, Batey's lawyer, Courtney Teasley, pressed McKenzie ...

McKenzie also told Teasley that in three prior statements — when he said nothing happened — he was just trying to cover up what happened. He was being honest today, he said, in hopes for consideration in his own case.

Vandenburg's roommate, Mack Prioleau, testified and said he was sleeping in a top bunk when he woke up and saw Vandenburg and three others with an unmoving woman on the floor. He said he drifted in and out of sleep...

Metro police detective Chad Gish wrapped up his testimony Wednesday morning, showing jurors several videos Gish said were of Batey...

He also recovered text messages Batey sent in the days after the incident...

[jbcarol]

Stacey Barchenger ‏@sbarchenger 27m27 minutes ago

Cory Batey arriving for court for day 4 of his trial, past the gauntlet of media (myself included today).



State's first witness today is Joseph Quinzio, of California. MNPD Det. Gish found videos of sexual assault on his computer. #vandytrial

Quinzio was sent three videos of the assault. "I deleted them right away from my cellular device and proceeded to go to sleep." #vandytrial

Quinzio says he lied to police because: "Mr Vandenburg and his attorney came to me telling me this was the right thing to do." #vandytrial

[jbcarol]

Stacey Barchenger Verified account
‏@sbarchenger

Here's my lunchtime recap of what's happened today in Vanderbilt rape case: http://tnne.ws/1S04od4  in @tennessean #vandytrial #vandyretrial

Joseph D. Quinzio of San Jose, Calif., said he was friends with another man charged in the case, Brandon Vandenburg, and received video messages of the sexual assault from Vandenburg. Police later found those videos on Quinzio's laptop. Quinzio said he first lied to police because he felt coerced by Vandenburg and his attorney, whom Quinzio did not identify by name.

"Mr. Vandenburg and his attorney came to me telling me this was the right thing to do," he said.

Lauren Miller, the woman's roommate, said the woman seemed fine at Tin Roof bar, but the next time she saw her — the next morning — she was disheveled. She had bruises on her body and was getting progressively more ill.

DeAndre Woods, a current football player at Vanderbilt, said he was drinking at Tin Roof bar, and when he went back to Gillette Hall dorm about 3:20 a.m. on June 23, 2013, he ran into teammates Chris Boyd and Dillon van der Wal, as well as a tennis player Michael Retta. He said he went with them to the second floor and helped Boyd put the partially clothed woman into Vandenburg's bed.

Van der Wal testified and said he saw the woman nude from the waist down, facedown on the floor outside Vandenburg's dorm room. He was Boyd's roommate and said Boyd got a call to go to Gillette Hall. Van der Wal said he did not touch the woman or help put her into the bed.

"I just didn't feel comfortable touching her without her clothes being on," he said.

Tennessee Bureau of Investigation Special Agent Charly Castelbuono said she examined evidence, such as the woman's clothing and Vandenburg's bedding, in the case. She said her testing did not find any of Batey's DNA.

Courtney Heard said she went to get her roommate, who was with Batey the night of the assault, from Batey's room in the early morning hours of June 23, 2013. She said she talked to Batey and he did not seem intoxicated.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 25m25 minutes ago

The woman authorities say was raped is in court. She hugged a victim's advocate, and appeared to hold back tears. #vandytrial

Late June 22, 2013, she met Brandon Vandenburg at Tin Roof. They'd been casually dating, she said. "He started giving me drinks"

Woman on last drink: "I was turned away talking to other people and he (Vandenburg) appeared with a blue drink in a clear cup."

DA Norman asks if woman knew Cory Batey. "No complete stranger," she replies.

She texted Vandenburg the next day, they saw each other, he told her she'd gotten sick and he took care of her.

She didn't understand how she could have gotten that sick, didn't drink that much. When asked, Vandenburg would change subject.

Woman says she's only seen one video and a couple of images that were taken in dorm. DA just showed her one, she said it was her

Final question from DA: Did woman consent? She says "absolutely not" and breaks down, sobbing on witness stand.

Woman says she does not need a break, case moves into cross-exam with Cory Batey's lawyer Courtney Teasley.

Teasley's 1st question is what school woman goes to. Some see that as shady tactic to out a victim. Judge tells Teasley: move on

Cory Batey is moving around in his chair a lot, asking his attorneys for something. Court officer passes note to judge.

This is statement woman released after last trial in Jan. 2015.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 6m6 minutes ago

Cory Batey is moving around in his chair a lot, asking his attorneys for something. Court officer passes note to judge.

Judge says we're taking 5 minute break as Batey leaves the courtroom.

Judge is back, woman back on witness stand; Batey and one of his lawyers, Worrick Robinson, still not here.


Give him an overnight in jail and help him work it out.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 19m19 minutes ago

Woman has corrected Teasley's questions multiple times; on what graduate program she's in, on where she was drinking b4 Tin Roof #vandytrial

Judge Watkins, after state objection, to Teasley: "Can you just move it along though? We're hearing questions that..."

Teasley asks question about what woman told detectives in "2008" not 2013. "In 2008 I was in high school," woman responds.

Judge Watkins has twice told Teasley to move on from her line of questioning. Her style is argumentative and forceful.



#WatchingTooMuchOJ

[jbcarol]

Stacey Barchenger ‏@sbarchenger 6m6 minutes ago

State rests its case against Cory Batey. Defense making routine motions for acquittal now. #vandytrial

Defense lawyer Worrick Robinson says they have not decided if Cory Batey will testify. #vandytrial #vandyretrial




Did not work too well last time.

Sequestered, out of town jury with weekend approaching.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 6m6 minutes ago

Here is very quick initial story on woman's testimony: http://www.tennessean.com/story/news/2016/04/08/woman-testifies-vanderbilt-rape-retrial/82612158 ... #vandytrial #vandyretrial

A woman who authorities said was raped by four men in a Vanderbilt University dorm in 2013 broke down on the witness stand Friday morning when prosecutors showed her an image of the incident.

"It's me," she said.

The woman, now 24, testified for the second time in the case, this time in the trial of Cory Batey, 22. The state rested its case after her testimony, about 10:15 a.m.

On Friday, the woman told a jury she remembered drinking with Brandon Vandenburg late June 22, 2013, and then nothing until about 8 a.m. the next day. Her body hurt all over, especially her shoulder, and she felt progressively worse during the day.

Nashville police detectives would show her months later graphic images of what testimony has shown happened in the dorm: Vandenburg carrying her in while she appeared to be unconscious. Batey penetrating her with his fingers and sitting on her face, raising his middle finger.

The images show Batey appearing to have sex with the woman, who is unmoving on the tile floor of the room, according to testimony.

The woman's testimony took about one hour. ...

Batey walked out of the courtroom as the judge announced there would be a 5 minute break.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 38s39 seconds ago

Updated story. "She's my hero, she really is," former DA says of victim: http://tnne.ws/1MZ9JlC  via @tennessean #vandytrial #vandyretrial

Batey had more than a dozen supporters in the courtroom during woman's testimony. His mom among them.

Assistant District Attorney General Jan Norman's final question for the woman: "Did you consent to any of that?"

"Absolutely not," the woman said, hanging her head and wiping her tears with a tissue. Judge Monte Watkins asked if she wanted a break, and the woman declined.

The woman has not attended the trial, which began Monday. She is in a doctorate program in another state and said she had a qualifying exam Thursday morning.

When she walked into the courtroom before her testimony Friday, she greeted Kathy Morante with a hug and held back tears.

Morante is a former prosecutor who worked on this case and is now with the Metro Nashville Police Department.

"She's my hero, she really is," Morante later said of the woman. Because of a mistrial that was declared in June, the woman will have to testify at least three total times in the case.

"For every one she's going to stick it through to the end," Morante said. "I'll be here for her."

[jbcarol]

https://twitter.com/sbarchenger/status/718488543660752896

[jbcarol]

 Stacey Barchenger ‏@sbarchenger 31m31 minutes ago

First witness back from lunch is Quela Royster, a friend of Cory Batey who was with him before incident. #vandytrial

Batey's lawyer, Teasley, using phrases like "Did you all roll together that night?" Strikes me as odd; what if jury doesn't understand?

Royster thought Batey was drunk before incident. He leaned on her, kissed her when he hadn't before.



Royster said Batey was not forceful with her, stopped sexual advances when she asked him. [She was conscious.]

It's getting tense in here; attorneys objecting over top of each other about what Royster can say and cannot. [Especially the truth.]

This is weird. Judge Watkins says "court will be in a very short recess." Defense lawyers have left room with Batey.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 39m39 minutes ago

Cory Batey was last witness in his own defense at his previous trial in January 2015. #vandytrial #vandytrial

Laywer Robinson says Batey WILL NOT testify. Says judge calling lawyers, Batey into the back in front of jury is prejudicial

[#vandymistrial]

Judge confirming with Batey he will not testify - jury not seeing this. Batey: "I feel like the jury is going to take from that I'm guilty."

I am so confused. Batey says: "I mean I want to testify. I mean I would like to think about it."

Lawyer Courtney Teasley says Cory Batey broke down in back room, they want time for him to recompose and rethink

Watkins sounds angry by Teasley's statement Batey was being "bullied" by someone, though not judge.

Judge Watkins says he'll give Cory Batey a few more minutes to decide if he's testifying.

Batey now wants to address judge. Worrick Robinson says they'll ask to recess for the day.

[Wants one more weekend as a free man.]


We wants to make a statement in front of jury like OJ without having to go thru cross.

They also may try that his lawyers are giving conflicting advice.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 2m2 minutes ago

Batey asks for time. "I know (jury) anxious to get home. I want to be here for my son. I want to put myself...in the best position possible"

Batey's lawyers say he's emotionally unstable. "Y'all have forced me to do everything," Batey says of last-minute changes.

Judge Watkins is not having it. Says they've had plenty of time to decide if he'll testify. Watkins gives them 10 minutes.

Cory Batey's mom going back to meet with the defense lawyers and her son.

The woman who testified this morning has come back into court. She's in public seating.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 5m5 minutes ago

Judge tells Batey he has constitutional right to - or not to - testify. Batey says he will testify and he has not been coerced.

Woman authorities say was raped has left the courtrooom.

Cory Batey being sworn in now. Seated on witness stand.

Lawyer Teasley asks Batey what his job is. He says stay at home dad, has 15-month old son. DA objects saying it is not relevant.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 2h2 hours ago

Batey says he didn't want to go on Dr. Phil show, but atty told him it would be a good idea. Atty at time was Worrick Robinson. #vandytrial

Also, in talking about Dr. Phil show, Batey has revealed to jury he was incarcerated in this case before.

Jury is NOT in courtroom. Lawyers previewing testimony of David Whitfield, Batey's teacher and coach at Ensworth.

Whitfield is testifying before jury. Whitfield jokes Batey wasn't big fan of British literature. Public laughs, jury doesn't.

The defense has rested its case. Ten minute break then closing arguments.

Who is in courtroom: Woman, her lawyer, victim advocates; DA Glenn Funk; 3 Metro PD detectives; about 12 supporters for Batey.

Assistant District Attorney General Jan Norman delivering closing argument for the state now.

Norman, summarizing law: "Intoxication it is not a defense" in first four counts of aggravated rape against Batey

Within 3 minutes, Norman says, Batey is taking his clothes off and appears to be having sex with woman.

Jurors are alternating their attention between Norman and the big screen TV where images are shown.

Norman: "None of that would have included Mr. Batey unless he chose to do it." He is excited to be in room, "almost skipping."

[jbcarol]

Stacey Barchenger ‏@sbarchenger 54s54 seconds ago

Quick update: Cory Batey testifies, asks for delay in Vanderbilt rape retrial http://tnne.ws/1MZ9JlC  via @tennessean #vandytrial

Editor's note: This story contains graphic content and may be disturbing to some readers.

A woman who authorities said was raped by four men in a Vanderbilt University dorm in 2013 broke down on the witness stand Friday morning when prosecutors showed her an image of the incident.

"It's me," she said through sobs.

The woman, now 24, testified for the second time in the case, this time in the trial of Cory Batey, 22. The state rested its case about 10:15 a.m. after her testimony.

Batey also testified late Friday, but not before asking for yet another delay in the trial. The woman left the courtroom during his testimony. Batey did not deny he was involved in the incident but said he did not remember anything because he had been drinking...

Batey testified after lunch on Friday for about two hours, though it seemed at first he was unsure about his decision to do so.

His lawyer, Courtney Teasley, said Batey would be the next witness for the defense. After a couple of breaks - in which Batey met with his attorneys in the hallway of the courtroom that is used to hold inmates - Batey addressed the judge, begging for more time. The judge said the jury was anxious to get home to Chattanooga.

"I would like some time just to re-strategize with my defense team," he said. "I know they're anxious to get home. I want to be here for my son. I want to put myself and my family in the best position possible. Y'all have forced me to do everything."

Teasley asked for a delay of even a few hours, saying Batey was not in a sound emotional state to decide whether to testify. Watkins said Batey has had all week, if not longer, to decide whether to testify.

Watkins told him he had a constitutional right to testify - or not. Batey decided he would, and said he was not being coerced into doing so.

He told jurors that he was drinking at an on-campus party late June 22, 2013, and things started to get fuzzy. He said he remembered going to the restroom in a dorm, and then waking up for church the next day.

Batey felt forced.

[jbcarol]

Adam Tamburin ‏@tamburintweets 12m12 minutes ago

Jury: Cory Batey guilty in Vanderbilt rape retrial http://tnne.ws/1S2l2c3  via @tennessean

Prosecutor Tom Thurman: "We're pleased with a guilty verdict. Justice has been done." Got a guilty on most severe charge.

Courtney Teasley, Batey's lawyer says Batey "felt bullied, he felt forced this whole time." Raises concerns of not enough time to prepare for his case.

The victim says via her representatives she will not be making a statement.

His sentence for the aggravated rape conviction will be between 15 and 25 years, according to TN law.

Sentencing set for May 20, but that's likely to change.

So verdicts reached after about 2 1/2 hours of deliberations.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 26m26 minutes ago

She says Batey "felt bullied, he felt forced this whole time."


The word choices will be lost on this idiot. He ain't seen nothin' yet.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 7h7 hours ago

Photo gallery of verdicts today, and Batey being taken into custody: http://www.tennessean.com/picture-gallery/news/2016/04/08/day-5-cory-batey-retrial-in-vanderbilt-rape-case/82789476/ ... via @USATODAY #vandytrial #vandyretrial

[jbcarol]

Stacey Barchenger ‏@sbarchenger 8h8 hours ago

Story: Jury finds Cory Batey guilty in Vanderbilt rape retrial http://tnne.ws/1S2l2c3  via @tennessean #vandytrial #vandyretrial

A jury found former Vanderbilt University football player Cory Batey guilty of aggravated rape in the assault of an unconscious woman late Friday after a weeklong trial in Nashville.

The jury deliberated about 2½ hours after hearing five days of testimony. Jurors reached their verdict about 11 p.m. On three of seven counts, the jury found Batey guilty as charged of aggravated rape and two counts of aggravated sexual battery.

The aggravated rape conviction, according to Tennessee law, required Batey be taken into custody immediately.

Judge stepped up the plate and did not get Batey that last weekend of freedom.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 5h5 hours ago

Just in: Cory Batey's new mugshot via Nashville PD. Verdict story: http://tnne.ws/1qeWtPo  #vandytrial #vandyretrial



It's where his little boy can come visit him until sentencing.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 2h2 hours ago

Vanderbilt rape victim releases bold statement after #vandytrial #vandyretrial http://tnne.ws/1N1swgq  via @tennessean

The woman who was raped in a Vanderbilt University dorm in 2013 released a statement Saturday, one day after a man was found guilty in the high-profile case.

She praised the hard work of prosecutors, and called for more protections for victims in the court system and a change in the law that led to a mistrial last year.

Cory Batey, 22, was found guilty late Friday of a single count aggravated rape and other charges. But at a prior trial in January 2015, he was found guilty of four counts of aggravated rape and other charges.

"I am deeply disappointed with the jury's verdict," the woman's statement reads, saying Batey was "no less guilty today" than after the prior trial. That was in January 2015. Batey stood trial then with Brandon Vandenburg.

The sentence Batey receives is not likely to change because in each trial he was convicted of at least one count of aggravated rape, which carries a 15 to 25-year prison term. But the woman said "the result was no less unjust."

Matthew Neal ‏@bigmtsugolf 1h1 hour ago

@sbarchenger how many years did Batey get on first trial ?   And how many Vandenburg get ?


Stacey Barchenger ‏@sbarchenger 1h1 hour ago

.@bigmtsugolf They were never sentenced; the mistrial was declared before that could happen.

[jbcarol]

https://twitter.com/sbarchenger/status/719988819613900800

[KlubhouseKonnected]

https://twitter.com/sbarchenger/status/719988819613900800

Don't get your hopes up young Master Batey.

[jbcarol]

https://twitter.com/sbarchenger/status/720278067445260288

Jurors heard from a man who saw the rape and watched part of it themselves in graphic videos, but one of the 12 still wasn't convinced.

Eleven of the jurors were in favor of convicting former Vanderbilt University football player Cory Batey on all seven counts as charged, according to two jurors who spoke to The Tennessean.

One juror was a holdout, the jurors said, and the verdicts had to be unanimous. After 2 1/2 hours there was compromise in the deliberation room.

"ONE juror refused to see the evidence that was so obvious to everyone else," a juror  wrote in an email to The Tennessean.

Batey, 22, faced seven charges in the gang-rape of an unconscious woman in a Vanderbilt dorm on June 23, 2013. The jury found him guilty Friday of three of those charges, but on the other four returned guilty verdicts on less-severe but related crimes.

"Perhaps our justice system is broken, since it only takes one person to cause a man to not get punished as he deserves," the juror wrote. "We could've left this with a hung jury, but instead we negotiated so that this juror agreed to find him guilty."

Another juror confirmed the aforementioned juror's account of what happened in deliberations. The juror who did not agree with the majority could not be reached.

The high-profile case relied in part on images and videos of the incident that, according to court testimony, were found on the cellphones of three of the four ex-football players charged in the rape. Batey and another man, Brandon Vandenburg, 22, stood trial in January 2015 and were found guilty, but that resulted in a mistrial.

Batey's retrial began April 4. Vandenburg's has been set for June 13. No trial has been set for the other two charged in the case.

A juror said the holdout juror did not think it was clear in the graphic images what Batey was doing to the woman.

"From the first picture I could tell," the e-mailing juror said. "I was heartbroken."

The rape was nearly three years ago. In the years since, the victim has testified twice and there have been numerous delays.

It was the woman's statement that prompted the e-mailing juror to speak out.

"He is unquestionably guilty and I truly hope that he gets the maximum sentence that he can possibly receive," he wrote, referencing Batey.

Batey faces the same punishment as he did after the first trial, despite the different verdicts from second jury.

[KlubhouseKonnected]

I wholeheartedly disagree with the sentiment of the emailer that suggested that the justice system may be broken if the doubt of one jury member could result in a guilty verdict not being issued. The opposite would be more accurate.

[jbcarol]

The life of a sequestered juror for the Vanderbilt rape case

They had Clint Eastwood movies like "Hang 'Em High," [but did not follow through] played games and paced the hotel hallway.

Such is the life of a sequestered juror.

Fourteen people from Hamilton County were chosen as jurors in the retrial of Cory Batey, a former Vanderbilt University football player found guilty of raping an unconscious student in June 2013. Because of intense media coverage of a prior trial, Judge Monte Watkins said jurors would be chosen in Chattanooga and sequestered during trial in Nashville.

Jury in Jail
So on the afternoon of April 3, the fourteen strangers loaded onto a bus like they were headed on an overnight high school field trip. Their chaperones for the week of trial: Watkins' court officers, two of whom stayed with the jury at the Holiday Inn near the Vanderbilt football stadium.

The first night of their six-day stay in Nashville, the NCAA championship game was on. But jurors missed it, because televisions had been removed from their hotel rooms so they couldn't see news on the case, said Larry Jones, one of the court officers.

"What's the score? What's the score?" he recalled jurors asking.

The jurors took over a hotel floor. They came and went — escorted by court officers — using a service elevator to avoid other hotel guests, Jones said.

"I'm like, man, am I the one in trouble?" juror Bobby Lewis said with a laugh.


"They tried to give us whatever we needed or wanted, within reason," he said. "The court staff was exceptional."

Jurors had to give up their cellphones and laptops for a week. If they wanted to talk to their families, they called on a court staffer's cellphone on speakerphone while the staffer listened in, Jones said. Lewis, who said he normally calls his grandparents and mother each day, was unable to do so.

"The hardest part was not being able to communicate," Lewis said. "When I talked to my wife I had to be on speakerphone. I'm not one for talking around a lot of people."

Breakfast and dinner — and a snack spread — were catered by the hotel. Lunches came from Order in the Court, a cafe on the first floor of the courthouse, and Michaelangelo's Pizza. Jones said dinners included bourbon chicken and spaghetti.

Metro government paid for costs including the hotel and food and a Thursday evening trip to Nashville's Parthenon in Centennial Park, Trial Court Administrator Tim Townsend said. Bills were still coming in, but he said the city's estimated cost of jury selection and sequestration was $31,000.

That includes the $30 per day the law requires sequestered jurors be paid, Townsend said.

"They could buy a meal in Nashville for that, but they couldn't get out of the hotel," he joked.

Court staff gathered games to lend to occupy the jury...

Deliberations minus a hold out
On April 8, the fifth and final day of trial, jurors deliberated for 2-1/2 hours, just about 30 minutes shorter than a previous jury took to convict Batey. Just after the 11 p.m. verdict, Jones said the judge thanked the jurors for their service.

But the jurors were not catching a bus back to Chattanooga until the next morning.

So, according to Jones and Lewis, some went out bar hopping.

[jbcarol]

https://twitter.com/sbarchenger/status/722080380497620992

There was a quick exchange during the retrial of former Vanderbilt University football player Cory Batey that sticks in my head, one that exemplified the courage of the victim.

The rape victim was on the stand, testifying — again — in the case that has lingered longer than it takes to get some college degrees.

I wondered: Would the woman who exuded such confidence during a previous trial keep composure on the witness stand again? Advocates for victims of sexual assault said testifying again would be retraumatizing. So how would she handle it?

The answer: exceptionally.

But certainly not easily.

The woman appeared more emotional in the second trial, and the first sign she was holding back tears came just minutes after she walked into court and hugged a former prosecutor who has worked on the case. She sobbed on the witness stand, looking at a picture of what happened to her and again when she declared she absolutely did not consent to what happened.

But it was in cross-examination with Batey's lawyer, Courtney Teasley, that the woman showed the confidence with which she is pursuing justice. The confidence that many hope carries her through at least one more trial for another man charged in the case.

Teasley did not work on Batey's first trial in January 2015, when Batey and another ex-player, Brandon Vandenburg, were found guilty. That ended in a mistrial. Batey's retrial began April 4 and lasted a week.

It was the young lawyer's second jury trial.

Teasley's style was argumentative. She lobbed punchy questions and argued with the judge and prosecutors after objections — and in front of the jury — throughout the trial.

And she faced off with the woman who, now 24, has had her story —  via the trials — broadcast on the Internet to whoever wants to listen.

A woman whose name has been spread on social media.

Who has been subject to attempts by defense lawyers such as Teasley to reveal identifying details, like where she now goes to school and her exact birthday. (Judge Monte Watkins directed Teasley to move on after that first question.)

[jbcarol]

https://twitter.com/sbarchenger/status/722548723490930688

A former Vanderbilt University football player found guilty of raping an unconscious woman has been charged with two felony counts of violating the state's sex offender registration law.

Court records state Cory Batey refused to register as a sex offender even though Davidson County sheriff's officials and Metro police asked him to do so multiple times after he was found guilty of aggravated rape and other crimes. Batey's lawyer, Worrick Robinson, said it seemed like officials were taking an unusual step and rushing the registration despite the fact Batey is facing a long prison term.

Batey, 22, was immediately taken into custody April 8 after a week-long trial. His sentencing is scheduled for May 20.

Tennessee law requires Batey to register as a violent sex offender. Because Batey's trial was high profile, officials noticed he had not registered after a jury found him guilty, starting a chain of events that led to the new charges.

Robinson said the attempts to register Batey so quickly were unusual. Batey also stood trial and was found guilty in January 2015. He spent months in jail before a mistrial was declared, leading to his second trial this month.

"This seems very odd from the standpoint that he was in jail for five months after the first trial and was never approached or asked to sign any paperwork associated with the registry," Robinson said. "And now he has been in for a week and approached about signing paperwork, and I think the confusion here is he really wants to speak with counsel before he signs anything, and he's been directed to do that."

Batey is facing 15 to 25 years in prison for his convictions.

"He is in jail and has no way of getting out at this point, so the rush to complete the paperwork is what I'm interested to find out (about)," Robinson said. "He will comply with any and all state statutes and requirements. I just don't understand the rush."

Jim Todd, a Nashville lawyer who has analyzed the case for The Tennessean, said prosecutors could use the additional charges to argue Batey should get more prison time.

[jbcarol]

https://twitter.com/sbarchenger/status/724978485790429185

A former Vanderbilt University football player found guilty of raping an unconscious woman has been charged with two felony counts of violating the state's sex offender registration law.

Court records state Cory Batey refused to register as a sex offender even though Davidson County sheriff's officials and Metro police asked him to do so multiple times after he was found guilty of aggravated rape and other crimes. Batey's lawyer, Worrick Robinson, said it seemed like officials were taking an unusual step and rushing the registration despite the fact Batey is facing a long prison term.

Batey, 22, was immediately taken into custody April 8 after a week-long trial. His sentencing is scheduled for May 20.

Tennessee law requires Batey to register as a violent sex offender. Because Batey's trial was high profile, officials noticed he had not registered after a jury found him guilty, starting a chain of events that led to the new charges.

A Tennessee Bureau of Investigation agent familiar with the trial saw last week that Batey had not been registered and contacted Metro police's sex crimes unit, TBI spokeswoman Susan Niland said. That happened April 15, one week after Batey was found guilty, Metro police spokesman Don Aaron said.

Warrant affidavits state a sheriff's office employee asked Batey to register that same day, but Batey refused, saying, "I'm not signing anything without talking to my attorney first."

TBI maintains the statewide sex offender registry, which is a public list. Niland said offenders have to register within 48 hours of conviction...

[jbcarol]

Stacey Barchenger ‏@sbarchenger 1m1 minute ago

State dismisses two felony counts against Batey for violating sex offender registry law. #vandytrial #vandyretrial

[jbcarol]

Stacey Barchenger ‏@sbarchenger 35m35 minutes ago

State: Batey has "done what he needed to do from the beginning." http://tnne.ws/26rLKCj  @tennessean #vandytrial #vandyretrial

Prosecutors have dropped charges against Cory Batey that accused him of violating the sex offender registry law.

Metro Nashville police detectives charged the former Vanderbilt University football player with two felony counts earlier this month after he refused to register as a sex offender while in jail.

Assistant District Attorney General Addie Askew asked General Sessions Judge Rachel Bell to dismiss the charges Tuesday during a brief court hearing. Bell granted the request.

Askew said after the hearing that Batey's lawyers clarified Batey was not refusing to register when he was approached by jail staff but wanted to speak to his lawyers before signing the paperwork.

"Therefore from the state's perspective he's done what he needed to do from the beginning," Askew said.

The charges were filed by Metro police about a week after Batey, 22, had been found guilty of aggravated rape and other charges on April 8. Batey is in custody and did not appear in court Tuesday.

His sentencing is scheduled for May 20.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 19m19 minutes ago

Memphis jury to hear second Vanderbilt rape retrial http://tnne.ws/26uJH0c  via @tennessean #vandytrial #vandyretrial

The jury that will hear the June retrial of Brandon Vandenburg will be chosen in Memphis, a spokeswoman for the prosecutor's office has confirmed.

Vandenburg and three other former Vanderbilt University football players were charged in the rape of an unconscious student in Vandenburg's dorm room on June 23, 2013. Vandenburg's retrial is scheduled for June 13 in Nashville.

Jury selection is expected to happen the week before the trial. District Attorney's Office spokeswoman Dorinda Carter said that will happen in Memphis.

Court staff and the judge went to Chattanooga in late March to choose a jury for the retrial of another defendant, Cory Batey.

Vandenburg and Batey, both 22, were found guilty of aggravated rape and other counts after trial in January 2015, but a mistrial was declared because of an issue with juror impartiality.

He faces 15 to 25 years in prison. A status hearing in Vandenburg's case is set for Friday.