MISTRIAL Vanderbilt Rape Trial - Brandon Vandenburg and Cory Batey

[~Lyric~]

They say the prosecution still has 20 witnesses but not sure if they will call them all.

I don't think the victim should testify. That leaves her open to have questions by the defense she may not want to answer.
I haven't looked up the rule, they discuss today having to do with victims of sexual assault and what can/cannot be brought
up about ones past. Rule 412/420 sheesh I don't remember what they said.

What really concerns me is this... Vanderburg, said they were not dating but from what I understand they victim thought they were dating or have been "seeing" each other a couple of weeks. The DNA they found of his and hers was on his bed. The talking heads were speculating saying that maybe the defense would be, they had sex before or after the alleged crime for Vanderburg.

If I understand the dna results, his was the only one they found, EXCEPT the roommate's dna was also on a towel. The roommate testified that he had masturbated and just grabbed a towel when he was done. Before any of this. There are not any charges of any kind of the roommate.
However the roommate did clean the room later on in the day. His testimony was, that when they all left the room except for her in Vanderburg's bed, he grabbed his stuff and left the room went up to the 6th floor and stayed with a friend. Told him. A few days later, apparently he told his dad what happened and they got an attorney and then went to the police......By this time tho, the investigation was underway.

What really concerns me, is out of the all the people who saw her naked in the hall and the room mate waking up, NONE of them called for any assistance. This is that code among "brothers" sport people/etc etc who never say NOTHING.

 

[~Lyric~]

One other thing, that I gathered from today.

It was said that Vanderburg stated that he couldn't get an erection because he was high on cocaine.......whatever.

Also it was stated that there will be an expert in alcohol consumption and the point of being drunk and what one will do/remember/lack of etc etc that will probably called in the defense of defendant Batey.

Think that is all I can recall of the trial today.

 

[SStarr33]

Yeah, but I can't see how any of that takes away from the fact that they raped her.

 

[~Lyric~]

Yeah, but I can't see how any of that takes away from the fact that they raped her.

I agree with you, in my opinion, every single one of them is guilty. However, the defense has to defend them.

 

[SStarr33]

I agree with you, in my opinion, every single one of them is guilty. However, the defense has to defend them.

But I don't see how anything you laid out is a defense of them raping her.

 

[Minette]

"But, your honor, I was so drunk I couldn't keep my eyes open! Therefore it isn't my fault that I t-boned that car and killed those people!"

 

[clearskies1]

I think they will call the victim -- think they need to nail down that she was incapacitated/has no memory of event. The best testimony they have on that so far is from McKenzie and, because of his admitted prior lies, the jury may not credit any of his testimony. Also, the prosecution may want to tie up the loose end of how Vandenberg's DNA came to be in the victim/on her clothing (?) when he apparently couldn't get an erection that night. Apparently, the day after all this happened Vandenberg and the victim had consensual sex. There has been some speculation that Vandenberg did that in an attempt to muddy the forensic evidence in case anyone started to invesitgate what had occurred, but I haven't heard any evidence yet to support that theory. JMO.

 

[~Lyric~]

But I don't see how anything you laid out is a defense of them raping her.

Considering, that we haven't seen any of the video's or images. They are trying to say, that they didn't do any kind of penetration and that is the essence of aggravated sexual assault.

That is why you heard Detective Gish ( I believe was his name) have to keep saying "It appears, It appears, It appears" Even tho they have images of one of the defendants sitting on her with his pants down, but you can't see where his male unit and particulars are at. "It appears".

I do believe this Jury will see that she is in NO Way, Shape, Form of any kind participating in a sexual activity.

I cannot go on about what kind of defense they are going to lay out because they aren't up yet.

It did bother me that they brought up the question with D. Wood who saw her and helped others put her back into Vanderburg's bed ( still didn't tell anyone) after him and others came up on her laying naked on the hall floor. They asked him about Football Hostess's. Supposedly they don't exist at Vandy. That really bothered me and where the defense might be going with that question when they are up.

The Defense tried to make it sound like that, Vanderburg was very visibly upset on the surveillance camera in the hall and was walking into walls.

Have to remember there are very many different sets of lawyers for both the defendants that are on trial.

They raped her, they know they raped her. They knew to gather up all the condoms and try to flush them. They could not be so drunk they didn't try to clean things up, her up.

Many Many lessons to be teaching our sons and daughters from this.

 

[Minette]

I think they will call the victim -- think they need to nail down that she was incapacitated/has no memory of event. The best testimony they have on that so far is from McKenzie and, because of his admitted prior lies, the jury may not credit any of his testimony. Also, the prosecution may want to tie up the loose end of how Vandenberg's DNA came to be in the victim/on her clothing (?) when he apparently couldn't get an erection that night. Apparently, the day after all this happened Vandenberg and the victim had consensual sex. There has been some speculation that Vandenberg did that in an attempt to muddy the forensic evidence in case anyone started to invesitgate what had occurred, but I haven't heard any evidence yet to support that theory. JMO.

BBM: erection is not necessary for a male to ejaculate. http://www.drugs.com/health-guide/impotence-erectile-dysfunction.html

Now imagine my search history after looking for a link without anatomical diagrams! :blushing: :floorlaugh:

 

[~Lyric~]

I think they will call the victim -- think they need to nail down that she was incapacitated/has no memory of event. The best testimony they have on that so far is from McKenzie and, because of his admitted prior lies, the jury may not credit any of his testimony. Also, the prosecution may want to tie up the loose end of how Vandenberg's DNA came to be in the victim/on her clothing (?) when he apparently couldn't get an erection that night. Apparently, the day after all this happened Vandenberg and the victim had consensual sex. There has been some speculation that Vandenberg did that in an attempt to muddy the forensic evidence in case anyone started to invesitgate what had occurred, but I haven't heard any evidence yet to support that theory. JMO.

BBM:
The only thing that I had heard was from the testimony from the room mate and the text about "cleaning" the room and Vanderburg said something like good, or ok or something like that.
I wouldn't put it passed him at all to do that very thing.
It took 90 hours before the surveillance was seen of her in the hall.
They were talking about those condoms being gathered up to be flushed and it was said to make sure you use condoms.
I wondered about all those water bottles too.
I'm wondering if they did not use them to wash her, even tho, they said when the evidence was gathered and from the images nothing was wet.

 

[clearskies1]

Considering, that we haven't seen any of the video's or images. They are trying to say, that they didn't do any kind of penetration and that is the essence of aggravated sexual assault.

That is why you heard Detective Gish ( I believe was his name) have to keep saying "It appears, It appears, It appears" Even tho they have images of one of the defendants sitting on her with his pants down, but you can't see where his male unit and particulars are at. "It appears".

I do believe this Jury will see that she is in NO Way, Shape, Form of any kind participating in a sexual activity.

I cannot go on about what kind of defense they are going to lay out because they aren't up yet.

It did bother me that they brought up the question with D. Wood who saw her and helped others put her back into Vanderburg's bed ( still didn't tell anyone) after him and others came up on her laying naked on the hall floor. They asked him about Football Hostess's. Supposedly they don't exist at Vandy. That really bothered me and where the defense might be going with that question when they are up.

The Defense tried to make it sound like that, Vanderburg was very visibly upset on the surveillance camera in the hall and was walking into walls.

Have to remember there are very many different sets of lawyers for both the defendants that are on trial.

They raped her, they know they raped her. They knew to gather up all the condoms and try to flush them. They could not be so drunk they didn't try to clean things up, her up.

Many Many lessons to be teaching our sons and daughters from this.

I see what you mean about the "penetration" issue. But the way they described some of the photos, seems like they were really close-up and so you may be able to see actual penetration with the bottle or someone's finger. I do think the defense is trying to throw mud at the victim with the "hostess" issue and they also seem to be trying make her less likable by referring to her black mercedes whereas most of the football players came from less wealthy families. JMO.

 

[SStarr33]

Among other things, Corey Batey sat on her face. Does rape have to include penetration?

 

[Chelly]

The state can most likely make its case without the victim's testimony. However, I hope she has the courage to take the stand.

 

[Chelly]

Among other things, Corey Batey sat on her face. Does rape have to include penetration?

Good point. That act alone would certainly be considered sexual assault.

 

[~Lyric~]

Among other things, Corey Batey sat on her face. Does rape have to include penetration?

It has to be an act of any person putting ( finger, toes, those ) or any object in any orifice. Also, if they forced her to do anything with them, ie, bj. to be blunt, that would also qualify.

 

[Chelly]

BBM:
The only thing that I had heard was from the testimony from the room mate and the text about "cleaning" the room and Vanderburg said something like good, or ok or something like that.
I wouldn't put it passed him at all to do that very thing.
It took 90 hours before the surveillance was seen of her in the hall.
They were talking about those condoms being gathered up to be flushed and it was said to make sure you use condoms.
I wondered about all those water bottles too.
I'm wondering if they did not use them to wash her, even tho, they said when the evidence was gathered and from the images nothing was wet.

Everyone involved thought this "incident" would never be discovered. I guess that's why no coverup in terms of washing the victim.
It was just by luck the surveillance was discovered 90 hours later, a result of investigating an unrelated crime, a theft I believe. A rape kit was then performed (90 hours after the crime) because the victim kept quiet and had no recollection of the rape.

 

[~Lyric~]

The state can most likely make its case without the victim's testimony. However, I hope she has the courage to take the stand.

I have to say, I sure do support her, and how strong she is to be able to sit and listen to every bit of testimony. She has been there everyday.

 

[clearskies1]

Among other things, Corey Batey sat on her face. Does rape have to include penetration?

Yes. Under Tennesse law the crimes of rape and aggravated rape require: "unlawful sexual penetration of a victim by the defendant or of the defendant by a
victim." T.C.A. §§ 39-13-502,503.

 

[~Lyric~]

I am a bit upset tho, LE took all her clothes and put them all in one evidence bag, and they had 2 pairs of her underwear in there also. It was brought up on cross-contamination with them all being in one bag.
TBI agent doing the forensics on them, said she/tbi would have preferred if each item was bagged separately.

 

[Chelly]

I have to say, I sure do support her, and how strong she is to be able to sit and listen to every bit of testimony. She has been there everyday.

Agree. I also heard the reporters state she was in attendance every day. Good for her. I can only imagine what she felt watching the videos of her rape.