Two former Vanderbilt football players have now been convicted — for a second time — in the gang rape of an unconscious woman: Cory Batey last month and Brandon Vandenburg over the weekend. But there are two more co-defendants who have yet to stand trial.
Brandon Banks and Jaborian “Tip” McKenzie are also accused in the dorm-room rape. McKenzie has been a key witness for the prosecution and even expressed hope that he might get off on probation while testifying last week. But that is not a given, says spokesman Ken Whitehouse of the district attorney’s office.
“He can hope for things all he wants,” Whitehouse says. “But right now I would say that is not something that has been discussed at this point.”
There will be no serious negotiations until after the first two defendants are sentenced in late July, Whitehouse says.
The prosecution also has its reasons to lean toward a plea deal. Attorneys don’t want to put the victim through two more rounds of testimony, in what could end up being a total of five trials. The lead prosecutor — Tom Thurman — is also retiring next month.
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