MISTRIAL Vanderbilt Rape Trial - Brandon Vandenburg and Cory Batey

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Greater Than said:
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.
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bbm Yes, that's the hard part. Further, unless a plea bargain is struck with the other 2 untried defendants, she'll have to do it over again. But if it were me, I'd say, "Let's do it. I'm ready." I would want to get on with my life, but being there & testifying again (and again) would only slow me down a little bit. The prosecutors put their hearts on the line for me, so I'll do the same for them, for the State of Tennessee, and for every woman in the world. Yes, I would. And I think that that is where she is, too. Bring it on.
 
Greater Than said:
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.
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Agreed -- normally the max is for those who already have a felony offense(s). I do hope the judge will give them more than the minimum. And what discretion does he have here in imposing concurrent or consecutive? That's powerful, and I hope he has a good bit of flexibility there. Grrrrrr.
 
Madeleine74 said:
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.
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Thanks, Mad -- I have obviously been playing catch-up (pant, pant, wheeze, wheeze) -- but I heard on WS a day or two ago that they were looking for parole/probation-only deals, and the prosecutors said that they would not consider that.

And on we go....
 
http://www.newschannel9.com/news/top-stories/stories/van

Vanderbilt Rape Trial Jurors Say Video Evidence Decided Their Guilty Verdict

Three jurors from the Vanderbilt University rape trial said the evidence that played the biggest role in deciding a guilty verdict was video that prosecutors claimed proved four former Vanderbilt football players sexually assaulted a female classmate
 
There is a big uproar now regarding how 20/20 obtained the surveilance video. It's sealed by the court. They also apparently showed the indictment which listed the victim's name. I watched the show last night, but didn't catch that myself.
 
Greater Than said:
There is a big uproar now regarding how 20/20 obtained the surveilance video. It's sealed by the court. They also apparently showed the indictment which listed the victim's name. I watched the show last night, but didn't catch that myself.
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I watched last night too. I don't recall seeing that. In fact they went out of their way to conceal her identity including disguising her testimony.

While I do know her name, I just don't recall 20/20 leaking it at all.
 
Softail said:
I watched last night too. I don't recall seeing that. In fact they went out of their way to conceal her identity including disguising her testimony.

While I do know her name, I just don't recall 20/20 leaking it at all.
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It's all over social media. I saw people posting on 20/20's FB page and @ replying them on Twitter after the show last night saying her name was shown in a picture they aired of the indictment. A friend was texting me during the show so I must have been looking down when they showed it.
 
I was not aware of this trial but watched the 20/20 episode last night. This is a horrendous attack on a helpless woman and I was shocked to see so many people involved in the act and then taping the rape. The guys or girls who saw her being drug into the room are not responsible but it saddens me to think nobody had the morals or values to pick up the phone and call someone....security....police. ANYBODY.

Since I did not follow the trial does anybody know Vandenburg's background. Did he grow up poor, middle class or rich? His behavior once the verdict was read is telling. He was shocked they came back with so many guilty verdicts for him. I heard that Batey grew up in a rough part of Nashville (probably poor). He did not seem to be shocked when he received his verdict.
 
Greater Than said:
It's all over social media. I saw people posting on 20/20's FB page and @ replying them on Twitter after the show last night saying her name was shown in a picture they aired of the indictment. A friend was texting me during the show so I must have been looking down when they showed it.
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UGH! I just rewound it and watched again. They did show her name. :tsktsk: After all the other stuff they did to hide her identity. Shame on them. :stormingmad:
 
cricket49 said:
I was not aware of this trial but watched the 20/20 episode last night. This is a horrendous attack on a helpless woman and I was shocked to see so many people involved in the act and then taping the rape. The guys or girls who saw her being drug into the room are not responsible but it saddens me to think nobody had the morals or values to pick up the phone and call someone....security....police. ANYBODY.

Since I did not follow the trial does anybody know Vandenburg's background. Did he grow up poor, middle class or rich? His behavior once the verdict was read is telling. He was shocked they came back with so many guilty verdicts for him. I heard that Batey grew up in a rough part of Nashville (probably poor). He did not seem to be shocked when he received his verdict.
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I'm not sure, but have the impression that he was pretty well off. Entitled and all that.... :twocents:
 
Softail said:
I'm not sure, but have the impression that he was pretty well off. Entitled and all that.... :twocents:
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Not too legal savvy here but question...during the questioning of potential jurors in this case I would clearly think a question about being a victim of any sexual violence would be asked...and if not why not. I can clearly see why the defense would not want that person on the jury. If they asked and he lied...big problem here...if they did not and no questions written or verbal touched on this issue does a person have a legal responsibility to figure out if they had an experience that may impact their feelings on the case? I think it can be argued that this juror felt it was too long ago and maybe much different...but the attorneys are the ones that should be able to decide if that is good enough for them...but they can't analyze that if they are not told. If that question was not asked defense really dropped the ball and if it was and he did not volunteer the info then I think that is definitely grounds for a new trial. As far as I can tell all media claims it is the foreperson which is even worse. I do believe that often there are "stealth" jurors who get on a jury to get back at perps like Vandenburg and Batey and it is personal to them. I have a bad feeling this is very bad for justice and the victim.
 
borndem said:
20/20 offers their past programs free for online viewing on their website -- usually it takes about a week for the most recent program to become available for selection. They haven't posted the Vandy program yet.

http://abc.go.com/shows/2020
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This is most of the show.

It's missing about 5 minutes, including the part where they showed a document with the victim's name on it. (Unless I'm truly blind and missed it both on TV last night and in this video.)

*Edited to delete the video. I just realized her name was in it. In the link softail posted it has been blurred out.
 
I was wondering if they asked the male jurors if they were victims of sexual abuse? Wrongly of course, but people don't think men can be raped. I really really hope he wasn't asked the question. Edited to add: I just read the above article where his lawyer said her client was asked if he knew anybody who was a victim of sexual assault but he said no because he didn't consider it assault. I read elsewhere (and I don't have the link on hand so take it as you will) that this was a case of statutory rape in that he was underage and he felt it was consensual. I don't know how this will pan out.
 
Greater Than said:
This is most of the show. [video=youtu;5-PxhlmUxrE]http://youtu.be/5-PxhlmUxrE[/video]

It's missing about 5 minutes, including the part where they showed a document with the victim's name on it. (Unless I'm truly blind and missed it both on TV last night and in this video.)
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I watched the gavel to gavel coverage from NC5 in Nashville. I lost count of how many times the victim's name was blurted out in Court. They tried to silence it out with a delay but were unsuccessful many times. This all the while she was sitting in the courtroom watching the testimony. I got the impression she was well aware that her identity is out there, and knowing of the national media coverage.

I'm sure this tragedy is not something she is proud of but wants to show other victims to come forward at all costs and see Justice done.

JMO's
 
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