MISTRIAL Vanderbilt Rape Trial - Brandon Vandenburg and Cory Batey

[Greater Than]

I wondered if they ( Defense ) knew this all along and kept it quiet? In case it all went wrong. The problem was the Juror didn't disclose it. Would that cause a mistrial?

I think the defense absolutely had to have known before today. It is no coincidence this information was suddenly revealed less than 24 hours after the verdict. And it appears the defense went straight to the media with this? Shady all around.

This article says that two of the jurors each knew two people who had been sexually assaulted, so questions about personal experience on the subject were obviously asked during jury selection. http://www.tennessean.com/story/news/2015/01/27/jurors-vanderbilt-rape-trial/22438261/ So the question is, was this juror asked about her personal experience and she lied? Or was she only asked if she knew anyone who had been assaulted but not asked if she herself had every been? There's a lot we don't know.

IF the judge declares a mistrial, I have little doubt the outcome of a new trial would be any different than this one. But I hate that the victim may have to go through this all over again.

 

[MamaJoJo]

I think the defense absolutely had to have known before today. It is no coincidence this information was suddenly revealed less than 24 hours after the verdict. And it appears the defense went straight to the media with this? Shady all around.

This article says that two of the jurors each knew two people who had been sexually assaulted, so questions about personal experience on the subject were obviously asked during jury selection. http://www.tennessean.com/story/news/2015/01/27/jurors-vanderbilt-rape-trial/22438261/ So the question is, was this juror asked about her personal experience and she lied? Or was she only asked if she knew anyone who had been assaulted but not asked if she herself had every been? There's a lot we don't know.

IF the judge declares a mistrial, I have little doubt the outcome of a new trial would be any different than this one. But I hate that the victim may have to go through this all over again.

BBM

This!

 

[Greater Than]

They have the assault on tape so in the long run it really doesn't matter. It will just get the perps the maximum sentence due to the dt trying to prolong justice being handed down.

They are young and are both first time offenders. I would love to see the judge throw the book at them, but I don't think they'll get the maximum.

 

[Minette]

I should know this, but does TN require a unanimous verdict on felony charges? Because if not, I wonder if the *other* 11 jurors had been raped as well. As if only someone who had been raped themselves could vote 'guilty' given such overwhelming, VIDEO evidence. Disgusting.

Also, while I'm a fan of leniency for first time offenders for crimes like theft, or trespassing, or fighting or what have you, I don't think it should even be a question when they go straight from 'perfect innocent little angel' BAM! to gang rape. So maybe the judge goes easy on them this time, and next time they'll do a solo rape and not film it? Bah!

 

[Greater Than]

I should know this, but does TN require a unanimous verdict on felony charges? Because if not, I wonder if the *other* 11 jurors had been raped as well. As if only someone who had been raped themselves could vote 'guilty' given such overwhelming, VIDEO evidence. Disgusting.

Also, while I'm a fan of leniency for first time offenders for crimes like theft, or trespassing, or fighting or what have you, I don't think it should even be a question when they go straight from 'perfect innocent little angel' BAM! to gang rape. So maybe the judge goes easy on them this time, and next time they'll do a solo rape and not film it? Bah!

Yes, the verdict must be unanimous. The thing is, if the defense had brought this up prior to deliberations, one of the two alternates could have replaced that juror. But they kept it to themselves until the trial was over.

I hear you regarding the sentencing, but the minimum and maximum vary greatly...and the sentence imposed is decided based on a number of factors...career criminal or first time offender being one. But the fact that they were found guilty on so many charges makes me hopeful they'll be behind bars for a VERY long time.

 

[SStarr33]

Not that he doesn't deserve meanness, but it really is mean for Long to get Vandenburg's hopes up again. Especially after he clearly had not clued him in that he had NO DEFENSE.

 

[~Lyric~]

I should know this, but does TN require a unanimous verdict on felony charges? Because if not, I wonder if the *other* 11 jurors had been raped as well. As if only someone who had been raped themselves could vote 'guilty' given such overwhelming, VIDEO evidence. Disgusting.

Also, while I'm a fan of leniency for first time offenders for crimes like theft, or trespassing, or fighting or what have you, I don't think it should even be a question when they go straight from 'perfect innocent little angel' BAM! to gang rape. So maybe the judge goes easy on them this time, and next time they'll do a solo rape and not film it? Bah!

11. Announcement of the Jury Verdict
In Tennessee a jury’s verdict must be unanimous – all 12 jurors must agree. When a unanimous decision has been reached, the jury tells the court officer that they have reached a decision. The court officer then tells the judge that a decision has been reached and the jury is brought back into the courtroom to announce its verdict. The judge reviews the jury verdict form in the courtroom and then the verdict is announced by the jury foreperson. All jurors are then asked if they agree with the verdict that was announced by the jury foreperson. If all jurors are in agreement, the judge thanks the jurors for their service and their role in the case is over.

http://www.tennesseeinjurylawcenter...-of-a-personal-injury-or-wrongful-death-case/

I tried to link to criminal in TN but its down for maintance.

 

[SStarr33]

Holy crap, it was the freaking FOREMAN. Nick just said on his FB page that it was the convicted rapist that came forward and his story checked out. He also said the juror has lawyered up.

 

[Minette]

Well, I wasn't sure of the statute, or of the obligation of potential jurors to disclose. I wonder if the juror in question had attempted to bring charges, or had been in an unsuccessful prosecution, or maybe this was something he or she only disclosed to so-called friends.

I don't know, I was once booted out of a jury pool (thank GOD!) for a trial involving the murder of two adults and two children because I looked the defendant in the eye and told him I would vote for the death penalty if the evidence supported it. Nevertheless, the poor people who were accepted on the jury voted unanimously for the DP, the evidence was so overwhelming and so cold-blooded. (His sentence was later commuted to LWOP due to his age.) I would really like to know the circumstances, and whether the jury pool was asked specific questions.

 

[SStarr33]

Well, I wasn't sure of the statute, or of the obligation of potential jurors to disclose. I wonder if the juror in question had attempted to bring charges, or had been in an unsuccessful prosecution, or maybe this was something he or she only disclosed to so-called friends.

I don't know, I was once booted out of a jury pool (thank GOD!) for a trial involving the murder of two adults and two children because I looked the defendant in the eye and told him I would vote for the death penalty if the evidence supported it. Nevertheless, the poor people who were accepted on the jury voted unanimously for the DP, the evidence was so overwhelming and so cold-blooded. (His sentence was later commuted to LWOP due to his age.) I would really like to know the circumstances, and whether the jury pool was asked specific questions.

http://espn.go.com/college-football...lection-underway-2-ex-vandy-players-rape-case

Lawyers also want to know whether they know anyone who has ever been sexually abused or raped.

 

[Madeleine74]

They are young and are both first time offenders. I would love to see the judge throw the book at them, but I don't think they'll get the maximum.

On the Ag Rape charge alone they'll have to serve 100% time that they're given. Estimates place that from 15 to 20 years.

 

[Madeleine74]

The jury foreman raped someone or was raped by someone?

 

[SStarr33]

The jury foreman raped someone or was raped by someone?

He was raped by someone and the convicted rapist is the one who came forward to tell the story. Nick at Channel 5 has an interview with the rapist tomorrow.

Insane.

 

[kaen]

That is a turn around--the rapist coming forward to the media to identify his/her victim. I wonder if the lawyers asked male and female juror if they had ever been a victim of a sexual assault? Hmm.

The rapists are disgusting pigs. I hope they get the maximum. Sad that their lives are ruined by stupid choices.

 

[Madeleine74]

How did the rapist know what questions the jurors were asked during voir dire and how did this rapist know that the jury foreman (his victim) did not disclose information about what happened 20 years before about being raped? I find that extremely strange, unless the rapist figured that no rape victim would ever be able to serve on a jury about rape. But still... odd.

 

[borndem]

The next court appearances for Banks and McKenzie are on March 6, the same day of the sentencing hearing for Vandenburg and Batey.


Read more: http://www.wsmv.com/story/27963798/...ers-facing-charges-in-rape-case#ixzz3Q9WSjlH2

Anybody think that these two, after hearing the verdict on this trial, might want to play another game called, "Let's make a deal"?? I don't see either of them getting much sleep for the next several days. If they have any intelligence at all, they should know that they are in Big Trouble. Another good lesson here.

I hope they will take a fair & just plea so that the victim won't have to come back to the area for another trial. She deserves to have all of her time to do what she wants to do -- to study, work hard, and succeed in her life. She is a tuff one, but she's earned her privacy, if anyone ever has. Bless her, and bless her daddy for not flying out of his chair in the courtroom and trying to kill both those rapists.

jmho

Unbelievable.

 

[Madeleine74]

Anybody think that these two, after hearing the verdict on this trial, might want to play another game called, "Let's make a deal"?? I don't see either of them getting much sleep for the next several days. If they have any intelligence at all, they should know that they are in Big Trouble. Another good lesson here.

I hope they will take a fair & just plea so that the victim won't have to come back to the area for another trial. She deserves to have all of her time to do what she wants to do -- to study, work hard, and succeed in her life. She is a tuff one, but she's earned her privacy, if anyone ever has. Bless her, and bless her daddy for not flying out of his chair in the courtroom and trying to kill both those rapists.

jmho

Unbelievable.

Poor Borndem, you are really running behind in this case. I recommend you just jump ahead to the end and read backwards.

The DA's office hinted strongly during interviews after the verdict that they expected to be in talks with the other 2 guys' attorneys. They of course would not confirm there will be a plea deal, but they didn't deny it could happen. Mckenzie, especially, will get offered a deal of some kind since he did not touch the victim at all, and (I can't remember) might not have taken any pictures though I certainly could be wrong about that one detail. In any event, Mckenzie will likely get preferential treatment since he testified for the state AND didn't touch the victim.

 

[Greater Than]

Holy crap, it was the freaking FOREMAN. Nick just said on his FB page that it was the convicted rapist that came forward and his story checked out. He also said the juror has lawyered up.

From what I read, it was the posters on FB who identified the juror as the foreman. Nick commented and said he would not disclose the juror's name since he is a victim. He went on to say there were about 9 men on the jury, and all their names were read aloud in open court. Well, I counted 4 men on the jury, so he's in error there.

I think the logical assumption that it's the foreman makes sense since he spoke to the media after the trial ended and released his name. It's certainly possibly that his rapist happened to see him on the news telling about his experience on this jury which prompted this convicted criminal to contact the defense. That would make sense to me I guess. But if it turns out to be any of the other men, then there are some real questions about how anyone, let alone this rapist, found out he was on this jury. Sounds to me like someone (read defense) dug up some info and perhaps offered a reward to come forward. Or maybe he just has an ax to grind with his former victim. Regardless, the whole thing is sketchy to me.

As far as I know, no motions have been filed yet, but the media is blasting this BREAKING NEWS and upcoming interview with the juror's rapist!!! But we have no confirmation that the juror lied or was even asked if he had been a victim of sex crime during jury selection. Sensationalism at its finest.

 

[Greater Than]

On the Ag Rape charge alone they'll have to serve 100% time that they're given. Estimates place that from 15 to 20 years.

Yes, I am aware that aggravated rape and aggravated sexual battery are both 100% crimes.

Aggravated rape carries a penalty of 15-60 years. If the estimates you mention are accurate, they will get close to the minimum.

 

[SStarr33]

From what I read, it was the posters on FB who identified the juror as the foreman. Nick commented and said he would not disclose the juror's name since he is a victim. He went on to say there were about 9 men on the jury, and all their names were read aloud in open court. Well, I counted 4 men on the jury, so he's in error there.

I think the logical assumption that it's the foreman makes sense since he spoke to the media after the trial ended and released his name. It's certainly possibly that his rapist happened to see him on the news telling about his experience on this jury which prompted this convicted criminal to contact the defense. That would make sense to me I guess. But if it turns out to be any of the other men, then there are some real questions about how anyone, let alone this rapist, found out he was on this jury. Sounds to me like someone (read defense) dug up some info and perhaps offered a reward to come forward. Or maybe he just has an ax to grind with his former victim. Regardless, the whole thing is sketchy to me.

As far as I know, no motions have been filed yet, but the media is blasting this BREAKING NEWS and upcoming interview with the juror's rapist!!! But we have no confirmation that the juror lied or was even asked if he had been a victim of sex crime during jury selection. Sensationalism at its finest.

Actually, it was on the Fox affiliate that it was the foreman. I heard it myself--do not have a link.