Vandy rape case update

[jbcarol]

Within a 90-minute span Tuesday, Vanderbilt University kicked one player off its football team for trying to cover up what police say was the rape of an unconscious woman June 23, and prosecutors said the team's starting quarterback had been "misidentified" as being on the scene after the attack.

Suspended wide receiver Chris Boyd will never don a Commodores jersey again, Vanderbilt said in a prepared statement Tuesday afternoon, because his, "admitted actions are clearly inconsistent with the high standards of behavior expected of our student-athletes."

Meanwhile, prosecutors said that despite evidence read Friday in a Davidson County courtroom, Boyd erred when he identified starting quarterback Austyn Carta-Samuels as having helped Boyd move the unconscious 21-year-old woman from a dorm hallway back into the room where she had been raped. Four former players have been charged in her rape, and Boyd was one of three accused of trying to help them cover it up.

"At the recent plea agreement of former Vanderbilt football player Chris Boyd, text messages were read that Boyd had sent and received from other individuals. One text from Boyd to former student Corey Batey read in part, 'Me Carta and Vanderwal and Vandenburg helped us move her out of the hallway,' referring to the victim who was lying in the hall of the dorm," said a statement from prosecutors.

"However, based upon the evidence collected to date, Boyd wrongly identified student Austyn Carta-Samuels as someone who participated in helping move the victim. Carta-Samuels and Dillon Vanderwal are both listed as witnesses in the rape case against four former Vanderbilt students. Vanderwal and another student were involved in moving the victim from the hall to a dorm room, but that act alone does not constitute a crime."

Former player Brandon Vandenburg was one of four indicted in the rape.

Neither the DA's office nor Vanderbilt officials would comment when asked why they now believe Boyd incorrectly identified the team's starting quarterback as one of the players who helped him move the unconscious woman. [Don't even know if there are skybox seats at Vandy's stadium.]

[NaturalStateReb]

Franklin won't be in Nashville another season, and he won't be sad to leave that mess behind for Vandy to clean up.

[DeltaBoy]

I disagree I think Franklin will stay 2-4 more years then take the Kentucky job.

[jbcarol]

The ongoing scandal at Vanderbilt over the confirmed involvement of four football players in a rape case, as well as the allegations that Commodores' first-team quarterback Austyn Carta-Samuels helped cover up the crime, gained national steam once again on Monday night.

CNN's television program 'Anderson Cooper 360' aired a segment on the ongoing investigation, highlighting several unresolved aspects of the case, most prominently the text that now-former Vandy receiver Chris Boyd sent saying that Carta-Samuels had help move the unconscious woman from the scene of the crime.

Deputy District Attorney Tom Thurman scoffed at the idea that his office would help protect a Vanderbilt player, telling CNN that he isn't Carta-Samuels' offensive line, saying that, as a Tennessee fan, "I wouldn't be protecting a Vanderbilt quarterback."

Carta-Samuels got hurt in the Commodores' 31-27 win over Georgia on Oct. 19 and has been replaced by former Maryville star Patton Robinette.

http://www.knoxnews.com/news/2013/nov/05/vandy-rape-case-spotlight-again-after-cnn-report-p

An inconsistency pointed out is that Boyd has not publically had to identify who he mistook for Carta-Samuels.

[jbcarol]

James Franklin did mention Vandy was 4-4 last year when they closed out with a five-game win streak.

Dores travel to Gainesville, Saturday.

[jbcarol]

Despite potential distraction Vandy did a number on Florida in the Swamp. Perhaps Florida players are doing to Muschamp but Bray and Co. did to Dooley. The trip to Shreveport or Birmingham did not look that enticing.

[jbcarol]

One of two California men charged with evidence tampering in the Vanderbilt University rape case has pleaded not guilty.

Miles Joseph Finley waived his right to appear in court on Wednesday, but his attorney Bernie McEvoy entered the plea on his behalf. The next court date was set for December 5.

Prosecutors said Finley deleted a text message containing evidence of the assault in a Vanderbilt dorm.

Finley's attorneys said he received a message that he didn't want from Brandon Vandenburg and deleted it. They said he had nothing to do with what happened that night, and had never even been to Tennessee until he voluntarily traveled to Nashville and turned himself in on October 11.

http://www.newschannel5.com/story/23895131/california-man-pleads-not-guilty-to-with-evidence-tampering-in-vandy-case

[jbcarol]

A  new court filing in the case against four former Vanderbilt University football players charged with rape seeks evidence of text messages sent by coaches that lawyers for one of the ex-players think could shed light on what happened.

The filing by attorneys for one of the players offers the first suggestion in court proceedings that members of the Vanderbilt football staff might have had some level of involvement in the incident that would be relevant to the criminal investigation.

California-based defense attorneys for former player Brandon Vandenburg said in their motion that a "large amount" of evidence has not been provided to them by Davidson County authorities as it should have been under the rules of discovery in criminal cases.

http://www.tennessean.com/article/20131113/NEWS03/311130184/Court-filing-Vandy-rape-case-seeks-text-messages-from-coaches

James Franklin and David Williams are appropriately keeping mum at this time.

Vandenburg, a former Hog recruiting target, is enrolled at the College of the Desert.

[jbcarol]

Rape case reference guide

Here's a quick reference guide to some of the words and phrases associated with the charges and court actions:

Aggravated: Refers to a charge that is associated with a heightened degree of violence or some other particularly egregious behavior. With regard to sexual violence in Tennessee, crimes are considered aggravated if force or coercion was used to commit the act, the accused was armed, bodily harm was caused on the victim, the accused was aided by another party or the accused knew the victim was unconscious or mentally or physically helpless.

Indictment: A formal charge by the grand jury. In Tennessee, if 12 of the 13 grand jurors believe a crime was committed by the defendant, they will charge, or "indict," the defendant for that crime.

Unlawful photography: An offense in which the defendant knowingly photographed an individual, or caused the individual to be photographed, when the individual was in a place where there was a reasonable expectation of privacy, without the prior effective consent if the photo would have embarrassed an ordinary person or if the photograph or video was taken for sexual arousal or gratification of the defendant.

[jbcarol]

Nashville officials on Thursday again denied a request for records related to the investigation of a June 23 incident in which four football players at Vanderbilt University are accused of raping an unconscious female student.

The Tennessean and its attorney are weighing their response.

"The Tennessean disagrees with Metro's refusal to provide records," attorney Robb Harvey said. "We have explained our reasons for our objections, but in our view they have failed to respond to those arguments and we are considering the next steps."

The Tennessean has asked for records, including materials prepared by the university, while reporting on the case, in which video and photo evidence has been ordered kept secret by an agreement signed by prosecutors and attorneys for all four defendants.

[jbcarol]

Vol fans thinking...

[jbcarol]

Chase Goodbread ‏@ChaseGoodbread 2h
Former Vandy WR Chris Boyd discusses future football plans w/ @NFL_CFB >> http://www.nfl.com/news/story/0ap2000000288006/article/former-vanderbilt-wr-chris-boyd-discusses-early-nfl-entry ...

What went into the decision to turn pro early?

"I kind of just prayed about it, sat down and talked with coaches and my parents about it. I got all the feedback and reached out to a couple NFL contacts I knew about. Basically, just thought if I was ready to make this jump, and it came down to me just believing in my talents, and also knowing I'll be having my degree from Vanderbilt here in May. I felt like after how everything went, it was just time to move on to bigger and better things."

Boyd was charged with assisting in the cover-up.

[Steef]

And God said, "Thy collegiate career is a hot mess. Get thee therefore, to the mercenaries, where criminal behavior is welcome........And don't call me while you are there."

[jbcarol]

Does anyone remember Vandenburg?

Brandon Vandenburg finally hires new attorneys in Vanderbilt rape case.

Two of Brandon Vandenburg's attorneys asked to leave the case in recent weeks, leaving two out-of-state members of his legal team -- California attorney Albert Perez Jr. and retired California Judge Eugene Osko -- in the lurch. On Monday, Osko said Vandenburg had sorted out his legal team by hiring Clarksville attorneys Fletcher Long and John Herbison.

Without local sponsorship, Perez and Osko would be unable to play active roles in Vandenburg's defense.

A hearing Tuesday morning is supposed to formalize the attorney switch, but could be complicated after the lead prosecutor on the case last week accused Perez of destroying evidence. Deputy District Attorney General Tom Thurman is asking a judge to remove Perez from the case, calling him an "unindicted co-conspirator" in an attempt to cover-up the June 23 rape. Perez had previously accused Thurman's office of withholding key evidence from his client.

Vandenburg, 20, from Indio, Calif.; Cory Batey, 19, of Nashville; Brandon Eric Banks, 19, from Brandywine, Md.; and Jaborian McKenzie, 18, from Woodville, Miss., are each charged with five counts of aggravated rape and two counts of aggravated sexual battery in the June 23 rape of an unconscious Vanderbilt student. Vandenburg also is charged with one count of unlawful photography and tampering with evidence.

All four have pleaded not guilty and are free on bonds ranging from $50,000 to $350,000.

Osko declares the [remaining] evidence will indicate his client is not guilty.

[jbcarol]

One of four former Vanderbilt football players accused in the rape of an unconscious student has hired two new local attorneys.

Two of Brandon Vandenburg's attorneys asked to leave the case in recent weeks, leaving two out-of-state members of his legal team -- California attorney Albert Perez Jr. and retired California Judge Eugene Osko -- in the lurch. On Monday, Osko said Vandenburg had sorted out his legal team by hiring Clarksville attorneys Fletcher Long and John Herbison.

Without local sponsorship, Perez and Osko would be unable to play active roles in Vandenburg's defense.

[jbcarol]

Vandy's been playing like they got some bad news prior to their last game at heom.

[jbcarol]

Remember Brandon Vandenburg?

A harassment warrant has been issued against one of the attorneys involved in the Vanderbilt rape case, but he says the allegation is bogus.

The warrant was issued in Montgomery County Monday against Clarksville attorney Fletcher Long, who represents Brandon Vandenburg, one of four former Vanderbilt University football players accused in the rape of an unconscious woman.

Long said that he hasn't harassed anyone, and he's confident that the truth will come out if it ever makes it to court.

"This is a disgruntled employee who was terminated from our office. She has an ax to grind and she's grinding it," said the counselor.

Long was booked into jail this afternoon.

[jbcarol]

he woman police said was raped while unconscious by four Vanderbilt University football players in June told police she didn't think she had been assaulted and couldn't conceive that Brandon Vandenburg could have been involved, according to a Metro police report.

"(The victim) advised she trusted Vandenburg and he would not let anything happen to her," Metro police Sgt. Mike Shreeve wrote in an investigative report, which was recently shown to The Tennessean by a person who asked not to be identified.

[jbcarol]

It wasn't that long ago Vanderbilt would be happy just playing in a bowl.

Any bowl.

Anywhere.

Those days are gone. In the first 117 years of Vanderbilt football, the Commodores went to a grand total of three bowls. This is the third straight season and the fourth in six years that Vanderbilt is bowl eligible.

And a lot of Commodores fans are looking down their noses at their destination — the BBVA Compass Bowl in Birmingham.

Vanderbilt deserves a better bowl in a far better venue than Legion Field, a one-time Southern football shrine that has fallen on hard times. If Georgia, a team Vanderbilt beat, hadn't staged a second-half rally to edge Georgia Tech in the final game of the regular season, the Commodores might be bowling in Jacksonville, Fla.

Now I'm not the biggest Jacksonville proponent (I once referred to it as "Macon with a beach," which didn't sit well with a number of residents of both cities), but it's a far better postseason destination for college football players and fans than Birmingham.

Even with its recent success, Vanderbilt is largely an unknown commodity when it comes to buying tickets and filling hotel rooms.

How do you change that perception? By buying tickets and making hotel reservations.

http://www.tennessean.com/article/20131210/COLUMNIST0202/312100126/Climer-Vanderbilt-deserves-Birmingham

James Franklin noted that Ole Miss sold out the bowl last season and wants to ensure he has support in numbers.

[DeltaBoy]

I wish Vandy all the Best this Bowl Season.

[jbcarol]

AL.com sports ‏@aldotcomSports 5h
Vanderbilt sells out initial allotment of tickets for BBVA Compass Bowl http://ow.ly/rL28p

[jbcarol]

James Franklin ‏@jamesfranklinvu 19h
Goal #1 accomplished, now it's time to break the @BBVACompassBowl record!  Keep pushing to change perceptions & help us grow our brand!  #AD

[jbcarol]

Clay Travis ‏@ClayTravisBGID 2h
PA paper reports Munchak would be favorite to replace O'Brien at Penn State. Says James Franklin also interested. http://www.pennlive.com/sports/index.ssf/2013/12/sign_of_improving_outlook_at_p.html#incart_m-rpt-1 ...

Clay Travis ‏@ClayTravisBGID 2h
@corey_walton This UT fan message board fantasy that Franklin did something wrong is incredibly odd and baseless.

Clay Travis ‏@ClayTravisBGID 2h
@corey_walton Reading comprehension, bud. Not a "court order" a defense motion Hail Mary. DA specifically cleared Franklin and coaches.

[jbcarol]

James Franklin ‏@jamesfranklinvu 9h
I love FB as much as anyone but don't forget why you are here, you are here 2 get an EDUCATION! #VanderBUILD pic.twitter.com/PnAG9kzQ16



Jeff Lockridge ‏@jefflockridge 52m
Updated story. #Vandy's James Franklin, hot name at Texas & Penn State, asked about his name being out there http://goo.gl/rN1gGc

[jbcarol]

Jeff Lockridge ‏@jefflockridge 9m
Asked Franklin about report that he has already spoken to Texas concerning job opening there. He declined to comment

[jbcarol]

As James Franklin emerges as the frontrunner for the Penn State football coaching position, he continues to be shadowed by a June 2013 case in which four of his football players are accused of raping an unconscious 21-year-old woman in a dorm on Vanderbilt's campus.

http://www.pennlive.com/midstate/index.ssf/2014/01/james_franklin_penn_state_scan.html

Another report claims Franklin lost the USC job over the unresolved rape case.

The article from the Central Pennsylvania press links to the rumor that Franklin asked a player to delete an incriminating photo and clarifies that the prosecutor has cleared Franklin of any culpability in covering up the incident.

There is concern about steeing clear of Sandusky type controversy and, if they think Franklin is their right chocie and agrees to terms, painting this as their chance to attack baseless internet rumors through standing by their man.

[jbcarol]

Onward State ‏@OnwardState 25m
A Penn State professor started a petition against James Franklin, calling the decision to hire him "appalling." http://onward.st/1eKKDRS

[jbcarol]

Franklin won't be in Nashville another season, and he won't be sad to leave that mess behind for Vandy to clean up.

[jbcarol]

This is separate from the criminal investigation:

The Tennessean ‏@Tennessean 12 hrs
.@VanderbiltU's rape investigation finds insufficient evidence against Brandon Vandenburg:  http://tnne.ws/1kD8MRj

An investigation led by a Vanderbilt University office concluded that there was insufficient evidence against at least one of four former football players accused in the rape of a student there.

According to an Equal Opportunity, Affirmative Action and Disability Services Department report, the university body found that there wasn't enough evidence to prove that Brandon Vandenburg engaged in "non-consensual sexual intercourse" with the woman. But the report concluded that Vandenburg did invade the student's privacy and "aided in the commission of sexual misconduct as an accomplice."

[pigture perfect]

He aided in the commission of this crime and should be held equally accountable. That is just my opinion.

[jbcarol]

The Tennessean
Davidson County District Attorney General Torry Johnson called Vanderbilt University's civilian review of the rape of an unconscious student in a dorm room 'irrelevant' to his office's criminal case.

http://tnne.ws/1dxtBZ7

[titsonboar]

I am glad he is gone. I'm ready for the Vandy of old.

[jbcarol]

Chris Boyd ‏@cboyd_80 20 hrs
Thankful for the opportunity to go to the NFL Combine. I'm truly blessed and grateful. This is only the beginning!

[jbcarol]

The changing face of Vanderbilt Football:

The former Vanderbilt football coach's face is still in the mural on the side of the Verizon building located on 28th and West End avenues next to the school's campus.

The faces in the mural have changed many times since local artist Michael Cooper first painted Gerry DiNardo and Eddie Fogler's likenesses 22 years ago on what then was the side of the You Greek Me Greek store.

A total of 12 faces have been included in the mural at some point.

"The wall has so much paint on it that it's leaning," Cooper said with a smile.

But it is unclear when the popular painting will be updated with the 13th face — new football coach Derek Mason, who was hired nine days ago.

The sooner the change is made the better. Cooper has heard from lots of fans who believe it already should have been done because they want Franklin's face erased.

They cringe each time they pass by and see the former coach grinning as though he'd just lured another Vanderbilt football recruit away to Penn State.

"I'm worried about someone possibly vandalizing the mural; that's how bad it is," Cooper said.

http://www.tennessean.com/article/20140126/COLUMNIST0203/301260054/2072/SPORTS

There is also a prominent mural at the home of Franklin's new job.

[jbcarol]

NASHVILLE, Tenn. - The legal wrangling continues between prosecutors and defense attorneys in the Vanderbilt rape case. Also for the first time we're learning what evidence will be presented during the August trial. Prosecutors submitted a list of more than twenty items including cell phones, DNA and surveillance video from Gillette Hall where the alleged rape occurred. This week however, the focus was on attorney Albert Perez Jr., one of four lawyers for rape suspect Brandon Vandenburg. A judge ruled that since he's from California, local lawyers Fletcher Long and John Herbison will have to file documents to allow him to practice in Tennessee with them acting as sponsors. State prosecutors have also filed motions to have Perez disqualified from the case because he allegedly tampered with or destroyed evidence in the rape case. Its something Perez denies.

Vandenburg's Defense attorney Perez lashed out at prosecutor Tom Thurman after the hearing.

[jbcarol]

Chris Boyd knows he can't change the past, so he's spent the last six months working on his future.

The former Vanderbilt receiver, who was dismissed from the team for his after-the-fact involvement in an alleged rape, hopes to prove he's not the villain some might think. He also wants to show he's ready for the NFL despite sitting out the entire 2013 season.

He'll face a discerning audience next week at the NFL Combine in Indianapolis.

"I was raised to be polite and have manners. If I just be myself, I think people will understand that I am a good guy, I come from a good family, and I mean well," Boyd said. "I would never want to hurt anybody or do anything harmful to anyone. I think once people get to know me and spend some time around me, it will be pretty obvious. I'm not a bad guy."

http://www.tennessean.com/article/20140213/SPORTS01/302130041/Former-Vandy-receiver-ready-explain-rape-case-NFL

When need to protect university reputation, or the fight for justice for the victim, etc. fail, the NFL combine is like sodium pentothal.

George Constanza might have a consulting opportunity.

[jbcarol]

FOI: Media outlets including FOX 17 are suing to gain access to records in the Vanderbilt Rape case under the Freedom of Information Act. Defense Attorney Ed Yarbrough represents the female student at the center of the case. He's filed a motion to keep news outlets from getting the case records. He says turning over sensitive information could not only hurt the case but damage the dignity and reputation of his client. FOX 17 Attorney, Robb Harvey says the media coalition has been very careful to state we do not want photographs of the victim but we feel the information should be available to the public. A chancery court judge is expected to rule on the motion next month.

WZTV-17 in Nashville with the story.

[jbcarol]

Police in Tennessee have proposed a law that could make all details of rape cases — even the fact that a rape was committed in the first place — secret until the trial of the accused. Great news for police stations who can avoid being egged in the face by critical press; bad news for women who, you know, might want to know if a serial rapist is on the loose in their neighborhood or on their campus. If a rape happens in the woods and no one is allowed to know it happened, do Tennessee cops still suck at their jobs?

...

And there's also this: the timing of the bill's filing corresponds a little too neatly with a lawsuit filed by several press organizations against the Metro Police after they refused to release details of the investigation into sexual assault allegations against four Vanderbilt University football players last summer. In fact, the Tennessean op-ed surmises that even though the Metro Police and State Sen. Duncan Massey swear up and down that the press lawsuit against the police and the police-penned bill against the press have nothing to do with each other, you'd have to be an idiot to not put two and two together...

http://jezebel.com/tennessees-secret-rape-law-is-just-as-stupid-as-it-s-1524504314

Strange case still looking for closure.

[jbcarol]

Channel 4 I-Team: There is another twist in the case of an alleged rape on the Vanderbilt University campus. Some of the most disturbing allegations yet are coming out, and they're pitting the suspects against one another.

The attorney for suspect Cory Batey, Worrick Robinson, says fellow suspect Brandon Vandenburg told police Batey made a racial comment while urinating on the unconscious victim. But, in an exclusive interview with the Channel 4 I-Team, Robinson says those are all lies released in an effort to ensure his client can't get a fair trial.

"It was provided with the intent to destroy the other three defendants, destroy their credibility in the public eye and to serve and aid one person only," said Robinson.

Batey is accused of participating in a sexual assault of an unconscious classmate in a dorm room last summer along with three of his then-teammates on the Vanderbilt football team: Vandenburg, Jaborian McKenzie and Brandon Banks.

But, Robinson says, allegations Vandenburg made to police in the early days of the investigation that were recently made public aren't true.

The plot sickens.

[jbcarol]

Prosecutor: Someone trying to intimidate Vanderbilt rape victim

The district attorney's office is concerned someone is trying to intimidate the alleged victim in the Vanderbilt rape case, and the Channel 4 I-Team found defense attorneys and prosecutors agree it could jeopardize the fairness of a trial.

(video at link)

[jbcarol]

Brandon Vandenburg took the stand for the first time Friday, to demand an out-of-state attorney be allowed to help defend him in the rape of an unconscious Vanderbilt student.

Vandenburg, one of four former Vanderbilt University football players charged, said he was "completely willing" to allow California attorney Albert Perez Jr. join his legal team, despite objections from prosecutors.

Vandenburg, 20, from Indio, Calif.; Cory Batey, 19, of Nashville; Brandon Eric Banks, 19, from Brandywine, Md.; and Jaborian McKenzie, 19, from Woodville, Miss., are each charged with five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg also is charged with one count of unlawful photography and tampering with evidence.

All four have pleaded not guilty and are free on bonds ranging from $50,000 to $350,000.

Vandenberg's legal team has been in continual controversy as explained in the article accessible from the link.

[jbcarol]

NASHVILLE, Tenn. - A scathing new legal attack raises the stakes in the already contentious Vanderbilt rape case.  A strongly worded new filing from the defense goes after lead prosecutor Tom Thurman and accuses him of overstepping his bounds and interfering with the right to a fair trial.

Prosecutors have challenged the right of Brandon Vandenburg to have Californian Albert Perez on his legal team. They claim Perez tampered with evidence in the case.  Perez calls that a lie.

"To divert the defense of Mr. Vandenburg they've focused on me and it's absolutely made up," said Perez.

Thurman also objected to Perez calling him a liar citing court rules that such comments could prejudice a jury.

"The only thing we are trying to do is to protect the case so we don't have to have a trial twice," said Thurman.

While the judge is still considering the Perez issue, Vandenburg's legal team fired back at the lead prosecutor.  It shows how contentious the legal wrangling has become.

http://www.newschannel5.com/story/25147356/scathing-motion-in-vandy-rape-case-targets-prosecutor

[jbcarol]

A media coalition led by The Tennessean should not have the right to access documents tied to a high-profile Vanderbilt University rape case, according to filings by Metro Nashville, the Davidson County district attorney's office and the alleged victim in the case.

Attorneys with the three parties filed briefs with the Tennessee Court of Appeals on Tuesday. The media coalition filed an appeal with the court after a trial judge ruled that some records tied to an alleged rape involving four former Vanderbilt football players should be available under the state's open records law.

In a separate brief, the attorneys representing the alleged victim said her privacy and right to be treated "with dignity and compassion" under the Tennessee Constitution would be violated if the third-party records were made public. They argued that photos and videos tied to the case would eventually be published, whether by the media coalition involved in the case or by someone else.

The media organizations have repeatedly stated they have no interest in publishing pictures or videos tied to the case. Third-party records like those in the Vanderbilt case are also typically filed and released to the news media.

The media coalition has until April 29 to file a response with the Court of Appeals.

http://www.tennessean.com/story/news/2014/04/22/metro-das-office-file-briefs-vandy-records-appeal

[DeltaBoy]

This is a big ole mess.

[jbcarol]

Criminal Court Judge Monte Watkins ruled yesterday that California attorney Albert Perez Jr. and retired judge Eugene Osko meet state requirements to stay on the legal defense team for Brandon Vandenburg, one of four former Vanderbilt University football players charged in the June 2013 rape of a female student inside a campus dorm. Watkins also said that Perez did not err in making statements about the case in a local TV news interview. The comments by Perez, "although colorfully opinionated, do not rise to the level of material prejudice," the judge wrote.

I remember the recruitment of Vandenburg.

[jbcarol]

The Tennessean ‏@Tennessean  1h
BREAKING: Attorneys: James Franklin contacted victim in Vanderbilt rape case http://tnne.ws/1iEeEaH  pic.twitter.com/SJyKOAebrg

Defense attorneys for a former Vanderbilt University football player charged with rape filed a scorched-earth motion Tuesday asking a judge to dismiss the case or reprimand prosecutors for destroying or failing to preserve evidence.

In a detailed, 24-page filing, the defense team for Brandon Vandenburg wrote that "crucial and material information to the defense of VANDENBURG was destroyed or not preserved."

The filing also includes a new allegation about interactions between the alleged victim and former head football coach James Franklin and former director of performance enhancement Dwight Galt — both now at Penn State University.

Referring to records, the attorneys said the victim was contacted by Franklin and Galt during a medical examination four days after the rape to explain "that they cared about her because she assisted them with recruiting."

It went on to say that at some point, "Coach Franklin called her in for a private meeting and told her he wanted her to get fifteen pretty girls together and form a team to assist with the recruiting even though he knew it was against the rules. He added that all the other colleges did it."

[jbcarol]

Prosecutorin Vandy Rape Case finally weighs in on the Defense Team for Brandon Vandenberg's assertion that James Franklin reached out to alleged rape victim

James Franklin talked to an alleged rape victim in the days after the Vanderbilt undergraduate student reported the incident, confirms the deputy district attorney who is prosecuting four former football players charged with the crime last year.

"He did," Tom Thurman said Wednesday in a telephone interview, referring to Franklin, now Penn State's football coach. "I think he and his wife called and said they were praying for her and thinking about her.

"It was probably a pretty nice thing to do," Thurman said...

James Franklin is not interested in commenting.

[DeltaBoy]

Franklin needs to just be Quiet.

[jbcarol]

US Department of Education released a list of 55 American colleges and universities that are currently under investigation for violating Title IX over their handling of sex assault investigations.



Vandy is on the list from the SEC.

[jbcarol]

Vandy rape case's ties to football program deepen with new records

When four Vanderbilt football players were expelled and indicted in August on charges of raping an unconscious 21-year-old student — and a fifth charged in a cover-up — an additional five players were also included on the witness list, including the starting quarterback at the time.

New information shows that two more players, both projected offensive starters this year, had close contact with the victim soon after the rape.

One was described as being the woman's "last memory" on the night police say she was assaulted inside Vandenburg's Gillette Hall dorm. The woman and Vandenburg, 20 at the time, had been drinking at The Tin Roof the night of the incident, according to police and university officials.

She had gotten drunk before her memory failed her and later continued to date Vandenburg, according to records.

The woman spent several hours with another player the night of the incident, although DNA related to that player had not been provided, the defense wrote.

The Tennessean is not naming those players to protect the identity of the victim.

I will while protecting the ID of the victim.  The starting QB was named Carta-Samuels and by slow playing his prosecution he was able to play his senior season, now to be thrown under the bus.