MISTRIAL Vanderbilt Rape Trial - Brandon Vandenburg and Cory Batey

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Just finished watching 3 days worth of testimony including the detective who ran the investigation and one of the witnesses who was in the room as the attack was occurring (i.e. 1 of the 4 who are in trouble).

At no time were any pictures or videos recovered of Vandenburg that shows him touching the victim in a sexual manner. The witness did see Vandenburg slap the victim on her buttocks. But, no pictures or videos exist which depict Vandenberg doing that or any other sexual action to the victim. This matches what both the prosecution and defense said.

Mrs. Vandenberg's assertion on her Facebook page that her son didn't touch the victim is false, but as I had stated upstream, it's only witness testimony that ties Vandenburg to having sexually touched the victim (slapping her rear one or more times to show she wasn't going to wake up) and not video or photographs.

It was Batey and Banks who performed sexual acts on the victim, including the water bottle. Vandenburg encouraged them, made suggestions, passed out condoms, and egged everyone on.

Vandenburg is seen on video dragging the victim and other acts that prove efforts to cover up the crime, and of course he did take and send photos and videos to various people, and as an active participant 'directing' and 'encouraging' the attack he's just as guilty as the others under the statute of Ag. Rape in the state. Had Vandenburg been able to get an erection he would have also sexually assaulted the victim himself, but the evidence is he could not. But he sure did enough as it was, enough to ensure he'll get 20 yrs in the slammer.
 
The victim is so incredibly brave. I cannot imagine how painful it must have been to sit in that courtroom every day listening to testimony and watching videos of her brutal gang rape. I am so glad she got justice.

I am scratching my head why Vandenburg was so genuinely shocked by the verdict. Had it not been for him, the rape would have never happened. Had he taken her home or called a friend of hers, the rape would have never happened. Had he not approached his teammates after pulling up outside outside the dorm and told them he has a drunk girl in the car, the rape would have never happened.

If his attorney didn't explain it to him, the prosecutor spelled it out very clearly what criminal responsibility is in her closing. By soliciting, encouraging, and directing the other guys to sexually assault and rape her, he is criminally responsible for the offenses. Open and shut. There's video evidence of him doing all of the above, as well as testimony from witnesses that were inside the dormroom.

He laughed, he cheered them on, he ordered Batey to "squeeze that... squeeze that..." Vandenburg made sure that defenseless, unconscious girl was raped, and raped, and raped. Yet he asked his attorney, "What happened?" after the jury came back with a guilty verdict. Unreal.
 
Softail said:
What are you talking about? :waitasec: I don't understand this at all.
Click to expand...


Cory Baley, one of the convicted, is heard on tape, after rapeing and urinating on the victim, saying 'That's for 300 yrs of slavery, b****"
They were not allowed to use this in the trial, WTH, it was on the tape! If it had been racially reversed, it would have been the core of the trial.
This should have been a hate crime.
 
Are you sure that comment was on tape ? I know you just don't make that up in investigative reports but was it actually recorded on tape ?
 
IF that statement was said, the defense would have argued that remark was more prejudicial than probative since they could argue the crime wasn't committed because of that remark and the charges of AgRape were the more serious ones and the jury should only consider whether that crime (as well as the other charges) occurred. There was no separate charge for urinating on a victim (even if you think there should have been) so the statement he said while doing so would have been more prejudicial to the defense.
 
http://www.desertsun.com/story/news/crime_courts/2015/01/14/vanderbilt-rape-case-attorneys/21781551/
In this article it says "witnesses account", so maybe not on the tape

'Thurman added that Batey urinated on the victim while using racial slurs and the rape was recorded on a cell phone.'
I took this statement to mean that the urination, racial slur and rape was recorded on tape, but maybe just the rape was.



http://news.yahoo.com/prosecutors-d...iversity-rape-trial-opens-060504096--nfl.html

http://www.reuters.com/article/2015/01/14/us-usa-tennessee-vanderbilt-idUSKBN0KN0D420150114
 
The only evidence of Batey urinating on the victim was McKenzie's testimony. There were no pictures or video of it admitted at trial. Although Thurman said in his opening statement that Batey urinated and made a racial comment, the judge ruled that no evidence of a racial comment would be allowed because it was more prejudicial than probative. However, as I noted, McKenzie did testify about Batey urinating on the victim.
 
SStarr33 said:
It was not allowed into the trial. IMO, Batey should also have been charged with a hate crime.
Click to expand...

I didn't follow this case all that close, but it certainly looks like the prosecution could have made a case for that. But they probably figured that they didn't need to and that it would just complicate the case.
 
As an aside, one thing I find objectionable is that hate crime laws often don't cover crimes based on sex/gender -- they usually only address crimes based on race, sexual orientation and religion.
 
PrairieWind said:
I didn't follow this case all that close, but it certainly looks like the prosecution could have made a case for that. But they probably figured that they didn't need to and that it would just complicate the case.
Click to expand...

I believe that having even remotely bringing race into a trial these days can derail a whole trial setting. We have all recently seen criminal proceedings completely changing the conversation of the overall crime to a social conversation resulting in unrest and damages far beyond the damages already done by the crime itself. I really liked the Judge in this case. IMO he was methodical, level headed and wise.

Does anyone believe that McKenzie and Banks have reached pleas with prosecution and that they may be sentenced on the same sentencing date as Vandenburg and Batey? It seems that their next court appearances have been set on the same date coincidentally, and no "trial date" set. The question of Banks not being called to testify at trial was never really answered. I believe McKenzie stated he had not "decided" whether he would accept a plea deal (correct me if I am wrong).

JMO's
 
I believe the state will probably make plea deals with Banks & Mckenzie, the state hinted at that during comments after the verdict. Certainly with Mckenzie since he cooperated and testified for the state and he (Mckenzie) didn't touch the victim at any point though he was handed a condom and did have discussions with Vandenburg & others after the attacks. Banks participated in the assault itself (water bottle, touching & taking pics of victim), so if he gets out of any prison time he'll be extremely lucky.
 
Madeleine74 said:
I believe the state will probably make plea deals with Banks & Mckenzie, the state hinted at that during comments after the verdict. Certainly with Mckenzie since he cooperated and testified for the state and he (Mckenzie) didn't touch the victim at any point though he was handed a condom and did have discussions with Vandenburg & others after the attacks. Banks participated in the assault itself (water bottle, touching & taking pics of victim), so if he gets out of any prison time he'll be extremely lucky.
Click to expand...

I agree with you. I don't believe any of the four will end up with no jail time. But if the remaining two can plead to a charge that does not carry 100% jail time they could get out early for those charges on parole. These two now know what a trial may end in for them, and now not be willing to roll the dice.

JMO's
 
jggordo said:
I agree with you. I don't believe any of the four will end up with no jail time. But if the remaining two can plead to a charge that does not carry 100% jail time they could get out early for those charges on parole. These two now know what a trial may end in for them, and now not be willing to roll the dice.

JMO's
Click to expand...

Prosecutor did say that Mckenzie had the least involvement in the incident. Was Vandenburg ever offered a plea or was his conduct too egregious ? I know 2 of his former friends received probation for misdemeanors.
 
hmmmm this just in:

Nick Beres ‏@NC5_NickBeres 2m2 minutes ago
HUGE new development in the Vanderbilt rape case!!! You will not believe what we've uncovered. The exclusive story at 6!


that's it!! No hint lol !
 
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