Two former Vanderbilt football players who were convicted of rape in January have been released from jail. They were set free on bond following the mistrial that was granted Tuesday because a juror failed to disclose that he had been a victim of statutory rape.
Since their conviction, Cory Batey
and Brandon Vandenburg
have been in prison. The case re-started Wednesday with a bond hearing. The judge released Batey
on bail and increased Vandenburg’s
bail by $50,000 because of a misdemeanor citation from the last time he was out on bond. Both will be required to wear GPS devices.
Batey’s attorney Worrick
Robinson says although the judge made the right call on the mistrial decision, no one involved wants to re-do the trial.
“I think it was very difficult on everybody. I can’t imagine anybody really and truly if they were being honest wants to go try this case again because of the toll it takes but we don’t have any choice and we’ll get ready,” Robinson said.
The defendants were released on bail even though prosecutor Roger Moore asked the judge to increase their bonds, saying that the now-void convictions should influence the judge’s decision. Evidence that came out at trial included cell phone video of the dorm room assault.
“I submit now they know the consequences,” Moore said. “I submit that does increase the likelihood of flight, that knowledge that they now have.”
The prosecution is seeking a new trial date as soon as possible. Defense attorneys say they’re starting to prepare but that a plea deal is possible.
A court date has not yet been set.
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