Vandy rape case update

[jbcarol]

https://twitter.com/sbarchenger/status/744377725746614272

A jury found former Vanderbilt University football player Brandon Vandenburg guilty late Saturday in the rape of an unconscious woman in his dorm room nearly three years ago.

The jury of seven women and five men deliberated 4½ hours before delivering the verdicts at about 8:20 p.m. Jurors found Vandenburg guilty on all eight counts, exposing him to a prison sentence of 15 to 25 years.

As the jury foreman read the second guilty verdict, Vandenburg betrayed his stoicism and shook his head.

After the slate of guilty verdicts were read for all five counts of aggravated rape, two counts of aggravated sexual battery and unlawful photography, Vandenburg stood to hug his lawyer. His face contorted with emotion.

The 23-year-old was taken into custody immediately after the verdicts were read, as required by Tennessee law. His mother sobbed in the front row, where she has watched the trial since it began Monday. Vandenburg's father, who has supported him at parts of the trial, was not in the courtroom. No sentencing date was set.

Lawyer Randall Reagan said there would be an appeal.

In addition to Vandenburg, three other men were charged in the case, which prompted scrutiny of how colleges respond to sexual assault.

One of those men, Cory Batey, was found guilty after trial in April. The woman testified then. He and Vandenburg stood trial in January 2015. The woman also testified then. But revelations related to one of the jurors led to a mistrial.

Two others, Jaborian "Tip" McKenzie and Brandon E. Banks, have pleaded not guilty and are awaiting trial.

Three of the men were strangers. Vandenburg is the one the woman knew.

The one, prosecutors said, that she trusted.

They met on his recruiting visit to campus. When the towering tight-end recruit arrived at Vanderbilt in early June 2013, they began dating. They had seen each other three to four times in just more than two weeks.

Brandon Vandenburg Retweeted
Vanderbilt S&C ‏@IronDores 19 Jun 2013

ONLY THE STRONG WILL SURVIVE!
Strong Mind
Strong Body
Strong Character
Strong Will
#VANDERBUILD
#CHAMPIONSHIPSTATEOFMIND

[jbcarol]

https://twitter.com/sbarchenger/status/744568535712575488

Vanderbilt University praised her for "incredible strength and fortitude" for enduring another trial.

"It is our sincere hope that (Saturday's) verdict strongly sends the message to victims and to perpetrators that sexual assault will not be tolerated in our communities. Vanderbilt will continue its work to combat the threat of sexual violence on our campus, and we appreciate our strong partnership with the Metro Nashville Police Department and Office of the District Attorney which helped deliver today's verdict and, we hope, some measure of resolution for the victim."

https://twitter.com/VanderbiltU/status/744356423795150848

[jbcarol]

https://twitter.com/Tennessean/status/744970005742247937

[jbcarol]

https://twitter.com/sbarchenger/status/745251366885531648

Three Tennessee juries rebutted claims that alcohol was to blame for the actions of men who participated in the rape of an unconscious woman in a Vanderbilt University dorm three years ago Thursday.

Those claims, raised again in the retrial of Brandon Vandenburg last week, led to a tide of anger on social media, a plea from prosecutors for young people to be mindful of their choices, and a push to discuss consent from victims advocates.

"I hope young people do pay attention to this and see what choices they make with alcohol, and their actions can severely impact their lives and in certain cases destroy their lives," Deputy District Attorney General Tom Thurman said during a brief news conference after a jury found Vandenburg guilty Saturday of aggravated rape. "I'm hoping this will send a message out. This is serious what happens and has serious consequences."

Alcohol has surpassed date-rape drugs as the most common factor in drug-facilitated sexual assault, according to Jessica Labenberg, advocacy coordinator at the Nashville Sexual Assault Center. But it is not to blame, she said.

The case at Vanderbilt shared similarities to that against Stanford University swimmer Brock Turner, whose six-month jail sentence has been criticized as too lenient. In both cases, the victim was unconscious. The men charged blamed alcohol. In his sentencing earlier this month, Turner blamed a culture of promiscuity and binge drinking.

Vandenburg, though he is 6 feet 6 inches tall, was in over his head, drunk and, his attorneys argued last week, unaware of what was going on.

The former football player's lawyer, family friend Albert Perez, took it a step further to suggest prosecutors were creating a double standard for Vandenburg and the victim when it came to alcohol. Both had been drinking.

But Perez said the state asked jurors to hold Vandenburg responsible for things he did while drunk, but not the victim. He pointed to the victim being seen on surveillance video moving around the Vanderbilt dorm in the hours after the incident. She testified she does not remember that. The Tennessean generally does not name victims of sexual assault.

Thurman, the veteran prosecutor, halted that victim blaming in his closing argument.

"Then lets attack the victim," he said, summarizing the defense's assertion.

"She gets up and does menial things like go to the bathroom and get a drink. Doesn't commit crimes."

[jbcarol]

https://twitter.com/sbarchenger/status/745593643533238273

Bobby Lewis was on the jury the last time, but as guilty verdicts were read Saturday against former Vanderbilt University football player Brandon Vandenburg he was a spectator in public seating.

Lewis was one of 12 jurors from Chattanooga who in April found another former player, Cory Batey, guilty in the 2013 rape of an unconscious woman. On Saturday, he and his wife drove to Nashville to see the final day of Vandenburg's trial.

"I wanted to see what the outcome was," he said. "I'm real interested after the Batey trial. I want to see some justice served."

Lewis previously told The Tennessean that his jury, which reduced the severity of several crimes against Batey, negotiated because one juror was a holdout. He said he wanted to see the faces of Vandenburg's jury members, so he made the trip Saturday. [The jury did a good job in the negotiation despite the symbolic lessening of crimes. The judge could still give Batey the max making the holdout, OJ trial wannabe juror's little stand a moot point.]

"He's caused havoc on her life causing her to suffer, so he has to suffer," he said of Vandenburg, 23.

The verdicts were guilty as charged on all eight counts, exposing Vandenburg to at least 15 years in prison. His sentencing date has not been scheduled. Batey's is July 15. Lewis said he thought justice was served, as related to Vandenburg, but lamented that even the verdicts would not lessen the impact of the crime on the woman.

Until then, he said he would tell her:

"Be strong. I'm praying for you, and God will take care of you."

[jbcarol]

In the three years since authorities say four football players raped an unconscious woman in a dorm room at Vanderbilt University, there have been three trials and only two convictions [only two tried as one other needs to finish his juco football career and the other get his degree.]

The rape occurred three years ago Thursday. The case became a pivotal part of the growing national dialogue on sexual assault, shedding light on a crime that has been historically underreported.

Victims advocates cheered as it brought added support for victims and prompted change at Vanderbilt, though student leaders say there is still work to be done.

Campus police investigating vandalism inside Gillette Hall dorm noticed something suspicious that occurred in the early morning hours of June 23, 2013: four football players going into a room carrying an unconscious woman with them. That led to a police investigation, the discovery of photographs and videos of sexual assault and the indictments of the four football players.

It is a prominent national example of sexual assaults on campus.

Brandon E. Banks, 22, has pleaded not guilty and his case is pending. He is playing football at Lane College in Jackson, Tenn.

Jaborian "Tip" McKenzie, 21, has pleaded not guilty and his case is pending. He has testified as a state's witness in both Vandenburg's and Batey's trials. He is playing football at Alcorn State University in Mississippi. Plea negotiations will begin in his and Banks' cases after the sentencing of Batey and Vandenburg.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 18m18 minutes ago

Jury foreman in #vandytrial #vandyretrial: 'we all knew we were making the right decision' http://tnne.ws/28Wj0h5  via @tennessean

The jury foreman tried to put himself in Brandon Vandenburg's place, tried to understand what happened in a Vanderbilt dorm on June 23, 2013.

"I tried to put myself in his shoes at points," Mitchell Powell, the foreman, told The Tennessean. "But the situation was just so, it just wasn't something ... I could never see myself in that situation."

Powell is 23 years old, the same age as Vandenburg. That similarity did not cross his mind last week as he weighed the evidence against the former Vanderbilt University football player. Powell read eight guilty verdicts on counts including aggravated rape Saturday night at the close of Vandenburg's six-day trial.

In deliberations, he said, the group of 12 jurors methodically compared evidence to the requirements set out in law. It took about 4 1/2 hours.

"We were all on the same page," he said. "It was harder for some more than others, which is understandable. It's hard to sit down and judge someone. But at the end of the day we all knew we were making the right decision.

"You could tell it was taking a toll on some."


He said did not know Vandenburg had gone to trial before. Vandenburg and another player, Cory Batey, were found guilty in January 2015, but an issue with a juror led to a mistrial. Batey, 22, was found guilty at a second trial in April.

[jbcarol]

https://twitter.com/sbarchenger/status/747175172227080192

The night a woman was sexually assaulted behind a trash bin at Stanford in January 2015, two men riding by on bikes intervened and tackled the assailant as he fled. The victim later, in a statement that went viral, called them heroes.

The night police say a woman was raped by four men inside a Vanderbilt University dorm three years ago, at least six men saw her partially clothed in the dorm or, worse yet, saw graphic pictures or video of the assault. One testified he saw the unconscious woman and four football players in the dorm, but tried to sleep through it.

No heroes intervened for her.

Instead, the Vanderbilt teammates deleted pictures. Destroyed phones. Orchestrated a cover-up. Lied to the woman, who did not remember the rape. And as Deputy District Attorney General Tom Thurman said during his opening statement in last week's trial of one of the men, 23-year-old Brandon Vandenburg, they almost got away with it.

Mack Prioleau, Dillon van der Wal, Chris Boyd were among the players in the mix. Carta-Samuels was implicated but was able to steer clear.

[jbcarol]

https://twitter.com/sbarchenger/status/747175172227080192

Mack Prioleau, Dillon van der Wal, Chris Boyd were among the players in the mix. Carta-Samuels was implicated but was able to steer clear.

Paul Kuharsky ‏@PaulKuharskyNFL 16h16 hours ago

Paul Kuharsky Retweeted Stacey Barchenger

Good piece. But we don't need to be trained to intervene. Just intervene.

[jbcarol]

https://twitter.com/CoachDerekMason/status/748173968796958720

[jbcarol]

Sept. 30 sentencing date has been set for Brandon Vandenburg, a former Vanderbilt University football player convicted of participating in the rape of an unconscious woman in a dorm in 2013.

Vandenburg, 23, was found guilty of eight felony sex-related assault charges on June 20, exposing him to a prison sentence of 15 to 25 years. The sentencing hearing is set for Friday, Sept. 30, at 9 a.m.

[jbcarol]

Natalie Neysa Alund ‏@nataliealund Jul 5 Nashville, TN

In Davidson County court awaiting sealed motion hearing for convicted rapist, Cory Batey. #vandytrial

Batey hearing is a motion for his attorney of record to withdraw. Also to confirm sentencing is set for July 15.

Batey's current attorney says the family has hired another attorney to represent him at sentencing.

BTW, Batey is present in court sporting an orange jail jumpsuit. His hair is much shorter now.

Doesn't look like the judge is going to allow Batey to have a new attorney for sentencing.

Judge: "This matter is set for the 15th and it will remain on that day." Judge has denied the withdraw motion.

Judge denied Batey's request to address the court today. "He can do so at the sentencing hearing.

Batey's family said they wanted to hire another attorney for sentencing. End result today: Judge said nope.

Stacey Barchenger ‏@sbarchenger Jul 5

Stacey Barchenger Retweeted Natalie Neysa Alund

From this morning on #vandytrial. This is his fourth attempt (at least) to get a new lawyer during/since trial.

Judge Watkins not having it. I bet he'll talk about these delay attempts at sentencing. #vandytrial

[jbcarol]

https://twitter.com/sbarchenger/status/753726103836057601

[jbcarol]

Stacey Barchenger ‏@sbarchenger 49m49 minutes ago

Victim speaking, reading from prepared notes. Says she's "on display" and it's unbearable to share how she feels. #vandytrial

"...being reduced to nothing but a piece of flesh right before your eyes, it does something to you that is truly impossible to describe.

"There are no words to describe the horror of the images from that night and how it feels to watch yourself be dehumanized.

Victim: "I can only feel that the defendant has intentionally wanted this to be as tortuous for me as possible."

Victim asks judge to give Batey 25 years prison for the life-long impact the rape had on her. Emotional statement from her.

Cory Batey's pastor testifying on his behalf. Says Batey learned great lesson, will never drink again, sympathy for victim.

Pastor: "When you're under the influence of another spirit, I can't answer because that spirit he was under can make you do anything."


#demonrum

Mom: "He's strong intelligent family loving guy and I know a mistake was made. And I know he would never do anything like this again."

[jbcarol]

Stacey Barchenger ‏@sbarchenger 35s35 seconds ago

Batey will [attempt to] read statement now. #vandytrial #vandyretrial

Batey to victim: "I hope that if not today maybe one day you would find it in your heart to forgive me for any damages I may have caused."

[jbcarol]

Stacey Barchenger ‏@sbarchenger 35s35 seconds ago

Batey apologizes to his family who has supported him, Vanderbilt for negativity he brought on school. #vandytrial

Batey says (again) he doesn't remember what happened in rape. Asking judge for mercy so can be father to his 18-month-old son.

Batey, in closing, calls this an "unintentional tragedy."

The victim left during Batey's turn to speak, I didn't see exactly when she left the courtroom but just walked back in.

DA Tom [on his last day on the job] Thurman: "Clearly what we have here is Mr. Batey refusing to take responsibility and trying to blame it on alcohol."

Victim nods as Thurman goes over trial evidence that counters Batey's claims he was blacked out, didn't know what happened. #vandytrial

[jbcarol]

https://twitter.com/sbarchenger/status/753999292252229632

Batey was found guilty of raping the woman while she was unconscious in a dorm on June 23, 2013. Nashville Criminal Court Judge Monte Watkins sentenced Batey, 22, to 15 years, the minimum sentence allowed by law.

"... Mr. Batey continued to abuse and degrade me, urinating on my face while uttering horrific racial hate speech that suggested I deserved what he was doing to me because of the color of my skin. He didn't even know who I was. I also ask for the maximum sentence of twenty-five years as is appropriate for the impact this has had and will continue to have on me every day for the rest of my life."

[jbcarol]

https://twitter.com/sbarchenger/status/754456012615258113

Friday sentencing of former Vanderbilt University football player Cory Batey was expected to bring some closure in a notorious rape case that has hung over Nashville for three years. But did it?

The case catapulted discussions of how colleges respond to sexual assault into the public arena, and as prosecutors and the judge said in court, Batey's sentence would a send a message across the country.

"Sexual violence is evidently just running rampant in our country," Deputy District Attorney General Tom Thurman said in court. "Not just our country but all across the world. Campuses across the world.

"This particular case can serve as a deterrent."

When Criminal Court Judge Monte Watkins handed down the minimum possible prison term, 15 years, some say it muddied the message about holding perpetrators accountable. Yet advocates of criminal justice reform say 15 years is a long time, and the case is a starting place to address bigger issues in society.

Watkins — after a discourse on the duties of his job to consider the impact sentences have on defendants, victims and their families — noted the grave impact a lifetime as a registered sex offender can have. Batey, 22, will be on the registry for life.

"This is a serious case and it's going to affect these young people," Watkins said. "And it will hopefully have a positive effect on other individuals who may find themselves with this kind of opportunity, but take a step back and say, well I'm not going to do that because I know if I do it, I'm going to go to the penitentiary. Or, I will shame my family."

Batey must serve each day of that 15 years.

Robinson, Batey's lawyer, said Batey now has a chance to be productive in society after his release. The case was personal to Robinson, whose son knew Batey at Ensworth High School.

"We are glad that the judge showed mercy and saw, I think, the true character of Mr. Batey and that he is a fine young man, has been his whole life," Robinson said after the sentencing. "College is a slippery slope and a deep pond and you wade out too far to where all the action is, you can drown. And he drowned."

Sentencing details

Judge Monte Watkins handed down the following sentences Friday for former Vanderbilt University football player Cory Batey:

On convictions of facilitation of aggravated rape, two counts of attempted aggravated rape and three counts of aggravated sexual battery, Batey was sentenced to eight years each, to run concurrent with each other.

On a conviction of aggravated rape, Batey was sentenced to 15 years, to run concurrent with the above, meaning his term is 15 years total.

[jbcarol]

https://twitter.com/sbarchenger/status/757346184218472448

Cory Batey and Brock Allen Turner both were once promising and talented athletes at different elite universities who destroyed their future prospects because they each sexually assaulted a woman.

That both women were unconscious at the time of the rape magnifies the depravity of their crimes.

The similarities do not end there, sadly. Another more insidious bond the men share is that they have refused to accept responsibility for their crimes even in the face of their convictions and sentences.

They tried in vain to make their victims invisible, and when that failed, they tried to make liars of them, compounding the women's humiliation and suffering.

Judges sentenced Batey, a former Vanderbilt University football player, to 15 years in prison and Turner, a former Stanford University swimmer, to six months in jail and three years of probation — the lightest sentence each could have each received. They will be forced to register as sexual offenders for life.

During his sentencing hearing on July 15, Batey said, "I hope that if not today maybe one day you would find it in your heart to forgive me for any damages I may have caused."

This 2013 rape engendered a mistrial, two more trials and two convictions, for Batey and for the victim's ex-boyfriend Brandon Vandenburg, who is scheduled to be sentenced on Sept. 30.

Two other men are accused of participating in the sexual assault and have yet to go to trial.

Evidence was destroyed, the police investigation was obstructed, and Vandenburg tried to keep the victim from knowing what had happened to her. He and others asked her not to denounce her assailants.

"It will never be possible for anyone to put into words how this has affected me," said Batey's victim at his sentencing hearing. "You will never understand what this has done to me if you aren't standing in my shoes. The humiliation, the pain, the isolation, being reduced to nothing but a piece of flesh right before your eyes, it does something to you that is truly impossible to describe."

It is unfortunate that alcohol was a factor in these crimes, but that does not absolve the convicted rapists from responsibility and it does not place the victims' at fault for the assaults against them.

[jbcarol]

Worrick Robinson, primary lawyer for Cory Batey, a former football player convicted of raping an unconscious woman at Vanderbilt University, is asking to be removed from the case.

Said he does not do appeals. A hearing has been scheduled for Wednesday.

Batey, 22, was found guilty after a trial in April and sentenced last month to 15 years in prison. Tennessee Department of Correction records show he is being housed at Riverbend Maximum Security Institution in Nashville.

Changing lawyers after a conviction is not unusual. Brandon Vandenburg, another former football player charged in the case, changed his lawyers after being found guilty in a January 2015 trial. Batey was also found guilty in that trial.

But an issue with a juror's honesty led to a mistrial, and both men stood trial separately a second time. Both were found guilty; Batey in April and Vandenburg in June. Vandenburg, 23, is scheduled to be sentenced by Criminal Court Judge Monte Watkins on Sept. 30.

[jbcarol]

https://twitter.com/sbarchenger/status/760838087576391680

Stacey Barchenger ‏@sbarchenger 1m1 minute ago

Batey has hired Peter Strianse, of Nashville, to handle his appeal.

Strianse says he did not follow Batey's prior trials and will be working with lawyers to ID appeal issues. #vandytrial #vandyretrial

[jbcarol]

https://twitter.com/sbarchenger/status/760980692822061056

A lawyer for convicted rapist and former Vanderbilt University football player Cory Batey opened up about the case Wednesday after what could be his final court appearance in the matter.

Worrick Robinson said he believed it was unfair that two men charged in the case, Brandon E. Banks and Jaborian "Tip" McKenzie, were playing college football while awaiting trial. Each man also is charged with five counts of aggravated rape and two counts of aggravated sexual battery. Batey and another football player, Brandon Vandenburg, faced the same charges, have gone to trial and were found guilty.

Banks plays football at Lane College in Jackson, and McKenzie plays at Alcorn State University in Mississippi.

"I don't think that it sends the right message" about responding to sexual assault, Robinson said to a scrum of media cameras and reporters after a brief court hearing Wednesday in which Batey swapped lawyers for his appeal.

"I don't think it's fair that Mr. Batey and Mr. Vandenburg are the only two poster children for what occurred in June of 2013, and I don't think it's ... I think the message could be mixed because you have two other defendants involved in this case and they are living their life, playing football, moving on as if nothing happened."

First to squeal

[jbcarol]

https://twitter.com/sbarchenger/status/763404656491925505

Troy Bowlin, of Morristown, asked in a motion to be removed from 23-year-old Vandenburg's case going forward. Criminal Court Judge Monte Watkins granted the request Wednesday.

The vague motion indicates a rift between Bowlin and Vandenburg that arose after trial. Bowlin writes that to reveal details would violate attorney-client privilege.

"It is both implicitly and explicitly apparent that the relationship between the attorney and Mr. Vandenburg has become of such a nature to allow future representation impossible," the motion reads.

Vandenburg faces a sentencing hearing on Sept. 30. A jury found him guilty of five counts of aggravated rape and two counts of aggravated sexual battery after a trial in June.

The jury found that Vandenburg was responsible for his role in the rape of a woman he'd been dating while she was unconscious in his dorm room. Trial evidence was that Vandenburg carried the woman into the room and encouraged other ex-players who sexually assaulted and raped her.

His other lawyers, family friend Albert Perez Jr. of California and Randall Reagan of East Tennessee, will continue representing Vandenburg.

[jbcarol]

https://twitter.com/Tennessean/status/774057294518587394

Second sentencing in #vandytrial #vandyretrial this month. Does that mean deals for the other two defendants?

For more than three years, rape cases against two former Vanderbilt University football players have been essentially on hold while two other ex-players, Cory Batey and Brandon Vandenburg, have gone to trial.

With Vandenburg's sentencing hearing in the case coming up at the end of September, attentions are turning to the pending cases against Brandon E. Banks and Jaborian "Tip" McKenzie.

Plea deals are in the works to avoid more trials. But that negotiation process will likely take months.

"We're working on it," Mark Scruggs, Banks' lawyer, told The Tennessean on Thursday. "I've been in contact with the DA's Office and we're working on it. We're hoping to be able to resolve it."

Banks will not attend the Sept. 30 sentencing for Vandenburg, his former teammate, Scruggs said. The defense lawyer said Banks' trial could take place next year if negotiations are not successful. Banks and McKenzie, both 22, also face rape charges. Both have pleaded not guilty.

Vandenburg, 23, faces 15 to 25 years in prison for the crimes. A jury in June found him guilty as-charged on counts of aggravated rape and aggravated sexual battery. Testimony at trial was that Vandenburg carried a woman he was dating, who was unconscious, into his dorm hall on June 23, 2013. It was just weeks after he arrived on campus as a prized recruit from California.

Three teammates went with Vandenburg and the woman. Banks and Batey sexually assaulted the woman, according to McKenzie's testimony at trial and pictures of the rape that were recovered by Nashville police. Vandenburg coached the others, McKenzie testified, and a jury found Vandenburg responsible for his role.

Criminal Court Judge Monte Watkins, who has overseen the cases, in July sentenced 22-year-old Batey to 15 years prison, the minimum possible under Tennessee law.

[jbcarol]

Prosecutors have asked for a new sentencing hearing, possibly with a new judge, for former Vanderbilt University football player Cory Batey, who is serving a 15-year prison term in the gang rape of an unconscious woman more than three years ago

The motion says 11 emails or letters were sent directly to Criminal Court Judge Monte Watkins before the sentencing but those were not used in court nor turned over to the state. They say they were not allowed to contest the content of those letters and did not get their day in court.

The state's attempt at a re-do may also be motivated, some say, by frustration that Watkins handed down the minimum prison term allowed by Tennessee law on Batey's conviction of aggravated rape.

The state, and the victim, asked that Batey receive the maximum of 25 years.

"I don't believe the state would have filed this motion had the state been satisfied with the sentence Mr. Batey received," said Jim Todd, a Nashville lawyer who has consulted for The Tennessean as a legal expert on the case. Todd has been a prosecutor and defense lawyer in Nashville for 23 years and said he has not heard of prosecutors ever before making such an appeal.

Prosecutors also want a new judge for the hearing. They suggest Watkins should decide whether he's fit to hear the matter again, and turn the re-sentencing hearing, if it is granted, over to another judge "in order to ensure the public's confidence in the impartiality of the Tennessee Criminal Justice System and to further the interests of justice."

Watkins said during the prior hearing that, unlike in other cases, he had been contacted by friends and family expressing how sad this case was.

"This is such a sad, sad case," Watkins said at the time. "And it is. But I couldn't say that to them."

[jbcarol]

 Stacey Barchenger ‏@sbarchenger 12h12 hours ago

Who wrote letters supporting Cory Batey? His Ensworth teachers, classmates, & family friends http://tnne.ws/2cobmZv  @tennessean #vandytrial

A defense lawyer for former Vanderbilt University football player Cory Batey says in court filings that prosecutors who are now challenging Batey's 15-year sentence are acting improperly.

The state wants a new sentencing hearing because they say 11 letters supporting Batey were not turned over to them before the sentence was handed down. Those letters, reviewed Wednesday by The Tennessean, came from people including teachers at Ensworth High School, where Batey went to school, family friends and former classmates.

"The Cory I know is a life worth rehabilitating to be a father and to perhaps over time be an agent of change in the life of others, " Kate McGlasson wrote in a July 11 letter. Ensworth's website says McGlasson is a math teacher and dean of academic support. "I became an educator to model love, grace and commitment so to not write this letter would imply that only certain students deserve that respect. Cory and I believe in a bigger God that through forgiveness and compassion, change is possible."

The letters are from: two high-school friends of Batey's; three Ensworth teachers, two pastors and two parents whose children went to Ensworth with Batey. Two others did not write in their letters how they knew Batey.

Generally, the letters do not make excuses for Batey's actions and express sympathy for the woman who was raped. They describe Batey as a man of good character and a gifted athlete. They ask for leniency considering the shame brought on Batey's mother and that his young son will grow up without a father.

McGlasson writes that submitting the letter was a difficult decision balancing her personal feelings and professional obligations. Lenore White says in another letter that her son attended Ensworth with Batey, and she notes the impact the case had on her family.

"My son is also a student athlete, Ensworth graduate and a 19 year old black man (boy). Because of this case, I've had to have constant conversation with my son regarding using good judgement, not drinking and about being in the wrong place at the wrong time," she wrote.

Mr Batey made a little speech right before he urinated on the unconsious woman while he happened to be at the wrong place at the wrong time.

[jbcarol]

https://twitter.com/sbarchenger/status/776489223918653442

Legal analyst video opinion available via link

Nashville judge says he will decide next week whether to order a new sentencing hearing for Cory Batey, a former Vanderbilt University football player found guilty of aggravated rape in the assault of a woman while she was unconscious in 2013.

Batey, who is serving a 15-year prison sentence, appeared in court for a hearing Thursday in a blue denim prison uniform with his hands in cuffs behind his back. His family members watched from the second row of Judge Monte Watkins' courtroom.

On Aug. 15, prosecutors filed a motion asking for a new sentencing hearing saying they were not aware of 11 letters sent to the judge in support of Batey before his sentencing and thus were not able to contest them. The motion was released Tuesday, the same day Batey's lawyer filed a response arguing that the state should take the issue to an appeals court.

Watkins said Thursday he would take the issue under advisement and rule [this] week.

[jbcarol]

https://twitter.com/sbarchenger/status/778620979803201536

Carry on Nashville ! ‏@frosty8556 3m3 minutes ago Lebanon, TN

@sbarchenger @Tennessean Double it.

[DeltaBoy]

Wow this sad saga finally starting to come to a close.

[jbcarol]

https://twitter.com/AdamSparks/status/778990590176395264

[jbcarol]

https://twitter.com/sbarchenger/status/779397735061520392

A Nashville judge has denied prosecutors' request to resentence former Vanderbilt University football player Cory Batey.

Criminal Court Judge Monte Watkins issued his three-page ruling on Friday saying he was not biased and handed down a legal sentence.

Prosecutors on Aug. 15 filed a motion asking for a new sentencing for Batey, saying they were not aware that 11 people had sent letters in support of Batey directly to the judge. Those letters came from Batey's former classmates and teammates as well as teachers and family friends.

Watkins said Tennessee law allows for those letters to be submitted and notes they were in the public case file, where anyone could have seen them. Such letters are routinely sent on behalf of defendants in criminal cases. Watkins also denied the prosecutors' request that he take himself off the case.

"The Court believes it can be fair and impartial and that a reasonable person of ordinary prudence in the judge's position knowing all the facts known would find no partiality," Watkins wrote. "The Court harbors no bias for or against the parties in this case."

Batey's lawyer, Peter Strianse, has argued the state's motion was merely an attempt to get a better sentence and that they should take the matter to an appeals court. Watkins sentenced Batey to 15 years, the minimum allowed under Tennessee law.

Vandenburg, 23, is scheduled to be sentenced Sept. 30.

Two others, Brandon E. Banks and Jaborian "Tip" McKenzie, also are charged and their cases are pending.

[jbcarol]

https://twitter.com/sbarchenger/status/781220321592545280

Friday sentencing of Brandon Vandenburg, a former Vanderbilt University football player found guilty in the rape of an unconscious woman more than three years ago, has been delayed.

Vandenburg's new sentencing date is Nov. 4.

"Vandenburg's legal team filed a number of documents yesterday in advance of (the) sentencing hearing and our office asked for a continuance to have time to adequately review them," Nashville District Attorney's Office spokesman Ken Whitehouse said in an email.

The documents filed by the defense are a large number of letters in support of Vandenburg that the state wants to review, prosecutors said. The letters were filed under seal and will not yet be released to the public...

Vandenburg, 23, faces 15 to 25 years prison in the case. He was found guilty of multiple counts of aggravated rape and aggravated sexual battery after a trial in June. He has been in custody in Nashville since trial.

Another football player, Cory Batey, was sentenced to 15 years prison in the case in July. Prosecutors recently asked that he be resentenced, saying they did not know 11 letters in support of Batey were sent to the judge. Criminal Court Judge Monte Watkins denied the request.

[jbcarol]

Tip McKenzie caught 7 passes and 88 yards for Alcorn State.

#RapistsLivesMatterWayTooMuch

[jbcarol]

https://twitter.com/sbarchenger/status/789449500184055813

A routine filing in the case against convicted rapist Cory Batey may shed light on issues in the former Vanderbilt University football player's pending appeal.

Peter Strianse, Batey's lawyer, filed a motion in August requesting a new trial, which is routine after a conviction. Batey, 22, was found guilty of aggravated rape and sentenced in July to 15 years in prison in the case of four ex-players charged in the rape of an unconscious woman in a dorm in June 2013.

A court hearing was set for Friday on the motion for a new trial but was delayed until December 2.

According to Strianse's motion, one of the main issues will be whether the indictment was valid. Batey and a co-defendant, Brandon Vandenburg, were found guilty after a trial in January 2015, but that resulted in a mistrial because of an issue with a juror's honesty. While pursuing another trial, prosecutors got a new indictment that made changes to the language of the charges.

Both Batey and Vandenburg were convicted after separate second trials based on the new indictment.

Strianse says that indictment is not valid because it constituted double jeopardy.

There's little chance he'll succeed on that argument, though, as Criminal Court Judge Monte Watkins has already twice ruled that the indictment is valid.

Strianse also argues the evidence against Batey is insufficient (another routine piece of post-conviction motions). Batey is in prison at Riverbend Maximum Security Institution in Nashville.

Vandenburg, 23, is scheduled to be sentenced on Nov. 4 and faces 15 to 25 years in prison. Co-defendants Brandon E. Banks and Jaborian "Tip" McKenzie (current leading receiver for Alcorn State) have pleaded not guilty and their cases are pending.

[jbcarol]

https://twitter.com/sbarchenger/status/793567837386371076

Prosecutors are poised to argue that former football standout Brandon Vandenburg was a leader in the 2013 gang rape at Vanderbilt University and deserves more time in prison than the minimum term.

Vandenburg, 23, [is scheduled to] return to a courtroom Friday to be sentenced in the case that brought to Nashville a national spotlight on how universities respond to sexual assault. He has been in jail and added to Tennessee's sex offender registry since a jury convicted him in June.

Because of the verdicts against him, Vandenburg faces 15 to 25 years in prison, which is set in Tennessee law. Court documents indicate prosecutors will argue for a term toward the top of that window, and legal analysts say there is evidence they might be successful.

Vandenburg's sentencing was postponed once before because of a large number of letters of support sent to the judge on his behalf. The judge typically reviews those before sentencing, and prosecutors have a chance to challenge them.

Cory Batey, one of Vandenburg's former teammates, received 15 years in prison, the minimum sentence...

[jbcarol]

https://twitter.com/Michael_Carvell/status/794524998618779648

"I've been saying this for three years. We've been making progress. It hasn't always equated to the statistics, or the scoreboard, but I've seen it. I see things getting better. We're bigger, we're stronger, we're faster, all of those types of things. I wouldn't say anything is necessarily a surprise. We have a lot of work left to do, but we're making progress."

[jbcarol]

https://twitter.com/sbarchenger/status/794541083220844544

Trio of prosecutors in place for Vandenburg sentencing. Vandenburg will get 15 to 25 years in prison for his role in 2013 rape.

[jbcarol]

Stacey Barchenger ‏@sbarchenger 6m6 minutes ago

Vandenburg's California friend (on recording) says Vandenburg once before tried to use date-rape drug on woman in high school #vandytrial


This testimony was excluded from the trials. Unfair to poor Vandy.

[jbcarol]

 Stacey Barchenger ‏@sbarchenger 54m54 minutes ago

Whoa: Finley says on recording that Albert Perez, Vandenburg's lawyer, told he and friend to give up phones to be destroyed. #vandytrial

IF it is true that Perez instructed the friends to destroy/turn over phones, that could bring consequences for his law license. #vandytrial

[jbcarol]

https://twitter.com/sbarchenger/status/794585965251555328

She wasn't there to see a Nashville judge on Friday sentence former Vanderbilt University football player Brandon Vandenburg to 17 years in prison.

The woman who was raped more than three years ago in Vandenburg's dorm could not go to court again. Not after a prior sentencing in the case, in which another ex-football player got the minimum 15-year prison term.

Instead, Assistant District Attorney General Jan Norman read a statement on her behalf.

"Please do not use my absence as an excuse for leniency, as it in no way diminishes the profound and insidious impact of Mr. Vandenburg on me and my life," Norman read.

"I still ask that he receive the full sentence allowed under the law for orchestrating the sustained 30-minute gang rape against me, a defenseless woman who trusted him.

"The minimum sentence is not enough for what this man did to me."

Prosecutors sought the upper end of the 15- to 25-year range of possible prison time for Vandenburg's convictions of aggravated rape, aggravated sexual battery and unlawful photography. But they did not put an exact number on how much time behind bars they believed was enough.

They argued Vandenburg betrayed the victim's trust and was a leader in the attack.

Nashville Criminal Court Judge Monte Watkins agreed with the state on those two points. And before he handed down the 17-year term, he also noted that 23-year-old Vandenburg had community support and seemed remorseful.

The sentence does not include parole eligibility, meaning Vandenburg must serve all 17 years. He is already on the sex offender registry and will be there for life based on his crimes.

Two family friends and a jailhouse minister took the witness stand in Watkins' fifth-floor courtroom at the Justice A.A. Birch Building in downtown Nashville. They said they believed Vandenburg was not dangerous and could be rehabilitated after prison. More than 30 letters were sent to the judge in support of Vandenburg, lawyers said.

[jbcarol]

https://twitter.com/Tennessean/status/794589730474172416

The woman raped by football players at Vanderbilt University in 2013 did not attend a Friday sentencing hearing in the case.

Instead, Assistant District Attorney General Jan Norman read a statement from the woman before a judge sentenced Brandon Vandenburg, the man the woman was dating at the time of the incident.

    "I had intended to give a detailed victim impact statement at today's sentencing hearing specific to the effects of Mr. Vandenburg's actions.

    As a result of the last sentencing hearing in this case, that is no longer something that I am able to do.

    I ask that my prior statement be referenced. Also two professionals who have helped me through this and witnessed the impact on me have submitted letters to you describing what they have seen and I ask that you consider those.

    Please do not use my absence as an excuse for leniency, as it in no way diminishes the profound and insidious impact of Mr. Vandenburg on me and my life.

    I still ask that he receive the full sentence allowed under the law for orchestrating the sustained 30-minute gang rape against me, a defenseless woman who trusted him.

    The minimum sentence is not enough for what this man did to me."

[jbcarol]

https://twitter.com/sbarchenger/status/794982947354918913

Vandenburg chose not to take the stand and face examination in his trials for obvious reasons

"Your honor. I am grateful that I have an opportunity to convey my thoughts not only to you, your honor, but to my family, my friends and Ms. (Victim). I am here before the court saddened, scared, ashamed and remorseful for the crimes that I have been convicted of. Your honor and everyone involved, I am sorry. Ms. (Victim), I am deeply sorry.

"It seems inadequate to try to explain how this all happened. I go over and over this in my mind and try and replay what could have been done to prevent the events of that night.

"I am ashamed of myself that I was so irresponsible with alcohol, which led to something tragic. I had worked so hard for so many years to reach my goal of getting a scholarship and playing in the SEC, going to Vanderbilt and getting a world-class education.

"My life and the lives of all of those around me, including Ms. (Victim), seemed to be a dream at that time. I was living out my dream, and in an instant it all changed.

"I didn't know anyone in Nashville except my mentors on the football team that I had just met, being that I had just moved a few weeks prior from California, over 2,000 miles away.

"I was an inexperienced drinker when I arrived at Vanderbilt just a few weeks prior, still not of legal drinking age.

"I was drinking all that day with my football mentors, then we went to another party and drank, and then to the Tin Roof bar, having drinks supplied to us.

"I wanted to be accepted and fit in with my new environment.

"My family was very far away. My football family was my family.

"I went out that night with my teammates, and Ms. (Victim) meeting me at the Tin Roof. Doing what we had done before, but instead of having a fun night, it turned into something that spiraled out of control.

"We are all living a nightmare that I don't wish anyone to go through.

"My judgment was severely impaired and I am sad for everybody involved. I was very intoxicated that day, consuming nearly 40 alcoholic drinks.

"Several witnesses said that I was extremely intoxicated, speaking gibberish, not making sense. Never could I have imagined this to happen. I did not intend for this to happen or for anyone to be harmed.

"I caused people harm, including my family and friends.

"I was raised better than this, and I have disappointed many people.

"I have ruined not only my future because I was drunk and failed to act, but the futures of others.

"I am scared, because as a young man I do not know what the future holds for me. I never, and could never, have imagined that I would be in a situation like I am today. It was not my intention coming out here.

"I don't know much about the court process, other than what I have been in, and I know that I never want to be involved with it again.

"I have always tried to be the best person I could be, helping those that needed help. I volunteered at my Catholic high school, I did mission work, I tutored young children, and I coached football youth teams.

"But on June 23, 2013, I let everyone down and many lives were destroyed.

"After the incident I told police what I thought might have happened. In my statement you can see that I did not even know Mr. Banks, Mr. Batey or Mr. McKenzie, 'cause I had just arrived on campus.

"I could not identify who did or said what. I did give the police my phone and offered to try to find any potential evidence that was on my phone.

"Offered to tell Ms. (Victim) what I thought had happened. I wanted to talk to Ms. (Victim) and try to tell her what might have happened or what I thought happened, but the detectives told me not to contact her so I didn't. I tried to assist in any way that I could and not interfere with their investigation. I hope through prayer that I am forgiven and God provides everyone the strength to get through this tragic event. I wish that I could replace the person that I was on June 23, 2013, with the person that I am today.

"The person today does not drink alcohol. My thoughts are clear. And I am responsible and I think of others. I rely on my faith. The man I am today would have had a different outcome.

"I could be a positive person to others, and I have learned from this devastating event. Once I have served my sentence I can see myself as a positive role model and teach our youth about my experience.

"I want to help my younger brothers who are losing their eyesight and will eventually go blind due to a degenerative disorder and be there for them in the future. I am confident in the future I'll be able to redeem myself.

"I understand, your honor, that you can sentence me to many years in prison. And I pray that you can see that I am truly sorry for the actions of that night. I am a good person and I ask for your mercy when you sentence me.

"Please, your honor. Thank you. May God continue to bless you, Ms. (Victim) and everybody involved."

He did go to a younger brother's school while he was out on bond and roughed up a school security guard.  Will not have that opportunity while in prison.

[jbcarol]

https://twitter.com/Tennessean/status/796466127530434560

https://twitter.com/sbarchenger/status/796466685695979520

Prosecutors on Thursday will ask to set a trial date for a third ex-football player charged in the rape of an unconscious woman at Vanderbilt University, a sign that plea negotiations in his case may have stalled.

Felony charges against Brandon E. Banks have been pending while two other former Commodores football players went to trial and were each sentenced to prison. More recently, Banks' lawyer has been working with the state to reach a deal to avoid another trial in the prolonged case.

But on Wednesday, Nashville District Attorney's Office spokesman Ken Whitehouse said prosecutors would ask to set a trial date for Banks, 22. The trial may be in June 2017, but the exact schedule is up to Criminal Court Judge Monte Watkins...

Four former players were charged in the rape, which occurred in a Vanderbilt dorm room in the early morning hours of June 23, 2013. The case, once seen as encouraging reporting of sexual assault, has lingered in the criminal justice system so long some victims' advocates worry it could have a chilling effect.

Nashville police detectives found photograph thumbnails and videos of the attack on the football players' cellphones and a laptop computer.

Batey and Vandenburg are now serving 15 and 17 year prison terms, respectively, for their role in the rape.

Meanwhile, Jaborian "Tip" McKenzie, the fourth football player [and the current leading wide receiver for that stand up institution Alcorn State], has testified against both Batey and Vandenburg. He has pleaded not guilty to his own charges and his case is also pending.

Banks just wrapped up a season at Lane College in Jackson, TN another institution that loves to give rapists a fifth chance.

[jbcarol]

https://twitter.com/sbarchenger/status/796737385199439872

Ultimately considerate.  Should let him get through finals.

[hoghearted]

Sickening.

[jbcarol]

https://twitter.com/Michael_Carvell/status/805417481292681216

[jbcarol]

https://twitter.com/Michael_Carvell/status/806862293216673792

https://www.youtube.com/watch?v=Tkxi6wVkRoo

[jbcarol]

https://twitter.com/Tennessean/status/824265675464130560

A hearing that will signal issues in former Vanderbilt University football player Brandon Vandenburg's appeal of his rape convictions has been set for March, court records show.

Vandenburg, 23, has been in prison since he was found guilty of five counts of aggravated rape and other crimes in June. He was sentenced in November to a 17-year prison term for his role in the June 23, 2013 rape of an unconscious woman at Vanderbilt University.

On March 22, his lawyers are expected to argue that he should be given a new trial.

Vandenburg is serving his sentence at West Tennessee State Penitentiary in Henning, about 50 miles northeast of Memphis. He and 22-year-old Cory Bateyhave each been found guilty in the rape case, which catapulted Vanderbilt to the forefront of national discussions about how universities respond to sexual assault on campus.

Batey stood trial in April and was sentenced in July to 15 years in prison. Prosecutors during trial portrayed Batey as the aggressor in the dorm where the rape happened, but said Vandenburg was also responsible for enabling the assault and intended to participate.

Batey hired a new lawyer after he was convicted, which is a likely reason for the delay in his own hearing seeking a new trial.

Two other ex-players charged in the case, Brandon E. Banks and Jaborian "Tip" McKenzie, have pleaded not guilty and their cases are scheduled for trial in June.

[jbcarol]

https://twitter.com/sbarchenger/status/846381905989783553

A hearing that will signal issues in former Vanderbilt University football player Brandon Vandenburg's appeal of his rape convictions has been set for March, court records show.

Vandenburg, 23, has been in prison since he was found guilty of five counts of aggravated rape and other crimes in June. He was sentenced in November to a 17-year prison term for his role in the June 23, 2013 rape of an unconscious woman at Vanderbilt University.

On March 22, his lawyers are expected to argue that he should be given a new trial. It's a procedural step that comes after a conviction and is required for Vandenburg to appeal the guilty verdicts to the Tennessee Court of Criminal Appeals.

Vandenburg is serving his sentence at West Tennessee State Penitentiary in Henning, about 50 miles northeast of Memphis. He and 22-year-old Cory Batey have each been found guilty in the rape case, which catapulted Vanderbilt to the forefront of national discussions about how universities respond to sexual assault on campus.

Batey stood trial in April and was sentenced in July to 15 years in prison. Prosecutors during trial portrayed Batey as the aggressor in the dorm where the rape happened, but said Vandenburg was also responsible for enabling the assault and intended to participate.

Batey hired a new lawyer after he was convicted, which is a likely reason for the delay in his own hearing seeking a new trial.

Two other ex-players charged in the case, Brandon E. Banks and Jaborian "Tip" McKenzie, have pleaded not guilty and their cases are scheduled for trial in June.

[jbcarol]

https://twitter.com/sbarchenger/status/851857572181233664

Just more than a year after he was found guilty of raping a Vanderbilt University student, Cory Batey on Tuesday returned to a Nashville courtroom.

Batey, now 23, appeared in the monochrome blue denim uniform worn by Tennessee Department of Correction inmates. He's served about a year of his 15-year-prison term and is housed at Riverbend Maximum Security Institution in Nashville.

A hearing was scheduled for Tuesday so Batey's lawyer, Peter Strianse, could argue that Batey should get a new trial. It's routine after a conviction and one that sets the framework for what issues Batey can raise on appeal.

Strianse, who was hired after Batey's April 2016 trial, said he needed more time to prepare. Assistant District Attorney General Roger Moore did not object, and Criminal Court Judge Monte Watkins granted the request.

Batey and three other football players at Vanderbilt were charged in 2013 in the gang rape of a woman while she was unconscious. Batey and Brandon Vandenburg stood trial in January 2015, but a mistrial was declared because of an issue with a juror. After a second trial, one year and three days ago another jury delivered a slate of guilty verdicts against Batey.

Vandenburg, who had dated the victim, was convicted in a separate trial in June and was later sentenced to 17 years in the rape. A hearing in his case to discuss a motion for new trial is set for Sept. 5.

Two others, Jaborian "Tip" McKenzie and Brandon E. Banks, are charged and have pleaded not guilty. Banks is set for trial in June.

While he prepares Batey can sit in a cell instead of play for a JuCo or FCS school.