MISTRIAL Vanderbilt Rape Trial - Brandon Vandenburg and Cory Batey

[Paintr]

http://www.desertsun.com/story/news/crime_courts/2015/02/11/brandon-vandenburg-vanderbilt-indio/23236457/

Brandon Vandenburg’s hearing at the Indio Justice Center on charges of battery against a school employee was postponed Tuesday at the request of his attorney. Vandenburg, a Coachella Valley native and former College of the Desert football player, is in Tennessee awaiting sentencing on a Jan. 27 rape conviction.

 

[Paintr]

I just realized that neither defendant took responsibility for their crime. Batey's defence seemed to boil down to I was drunk and fell into a crime cause that is not who I am. Vandenburg's defense seemed to be I wasn't as physical as the other guys so don't convict me. Neither said 'it was my fault that I did what I did'. Maybe that could be considered in deciding sentence.

 

[PrairieWind]

Paintr, I think that will be taken into account. Batey's argument that "thats not who I am" is just ridiculous. He did those things; some pretty horrific things, intentionally degrading things to her. That IS who he is. So what his argument comes across as is, "I have no control over what I do."

 

[Paintr]

http://www.tennessean.com/story/news/crime/2015/02/23/sentencing-in-vandy-rape-case-delayed/23890041/

The sentencing date for two former Vanderbilt University football players convicted of raping a student in 2013 has been pushed back to 9 a.m. April 24.

 

[Softail]

http://www.tennessean.com/story/news/crime/2015/02/23/sentencing-in-vandy-rape-case-delayed/23890041/

The sentencing date for two former Vanderbilt University football players convicted of raping a student in 2013 has been pushed back to 9 a.m. April 24.

Thanks so much for posting this update! :tyou: I totally forgot about their sentencing! :doh:

 

[Chelly]

http://www.tennessean.com/story/news/crime/2015/02/23/sentencing-in-vandy-rape-case-delayed/23890041/

The sentencing date for two former Vanderbilt University football players convicted of raping a student in 2013 has been pushed back to 9 a.m. April 24.

I missed this. Thanks so much for keeping up updated.

 

[Paintr]

http://nypost.com/2015/01/30/attorney-to-ask-for-mistrial-in-vanderbilt-rape-case/

Attorney to ask for mistrial in Vanderbilt rape case

Fletcher Long says the juror was asked during jury selection about past experience with the criminal justice system, as either a victim or defendant. Long says the juror failed to disclose the rape.

Long said the person “lied to get on the jury” and “got on with an agenda.”

 

[Paintr]

http://www.wsmv.com/story/28310770/defense-attorneys-to-file-new-motion-in-vanderbilt-rape-case

Defense attorneys to push for mistrial in Vanderbilt rape case

If transcripts show the foreman was dishonest or misleading, Judge Monte Watkins could grant the motion for mistrial before or after the sentencing on April 24.

"It certainly makes it seem more problematic that the person who is in question actually sought out to be their foreperson and became the foreperson," Todd said. "It would lend credence to your argument that this person was not impartial."

........

Todd said the request could delays proceedings for Brandon Banks and Jaborian McKenzie since the court won't dispose of their cases until Batey's and Vandenburg's are final.

 

[~Lyric~]

Nick Beres ‏@NC5_NickBeres 15m15 minutes ago
BREAKING: Fletcher Long and John Herbison off the Vanderbilt rape case. For more go to NC5_NickBeres.
#nc5

Vandenburg will keep his California attorney Albert Perez. And he has now retained the Bowlin Law Firm and attorney Randall Reagan out of east Tennessee. Warrick Robinson remains the lawyer for Cory Batey. Both convicts will be sentenced at a hearing next month. Then attorneys will begin work on appeals. First and foremost they will be addressing the issue of a juror who may or may not have told the truth about his past? Was he asked the proper questions? Could this mean a new trial? We'll see. But that is a ways down the road. For now Vandenburg and Batey are likely looking at 20 years or more behind bars. I JUST SPOKE TO FLETCHER LONG: He told me he congratulates Vandenburg for retaining a very fine law firm to now handle his appeals. Long says that he is a trial lawyer. And he understands the new legal team may be better suited to give Vandenburg's appeal the full attention it deserves. He wishes them the best.

https://www.facebook.com/NC5NickBer...50827361639/10152625362716640/?type=1&theater

 

[Paintr]

http://www.tennessean.com/story/news/crime/2015/03/11/brandon-vandenburg-hiring-new-attorneys/70176480/

“They hired me to try that case and get a good result and I didn’t,” Long said. “If you show up at the Derby with a horse you think is a thoroughbred and a winner, and you finish last, you may lose confidence in that horse. If they’ve lost confidence in me, they need to hire somebody else.”

 

[Madeleine74]

Note the 2+ month span of time from verdict to sentencing in this case, which doesn't seem to bother anyone.

By contrast the Arias case is only 30 days from end of penalty phase (mistrial) to sentencing (to be held on April 13) and people are screeching like banshees on how unfair it is that she gets to avoid her fate for 30 days.

 

[Paintr]

http://www.tennessean.com/story/news/crime/2015/03/13/vanderbilt-rape-case-transcripts-mistrial-march-jury/70284186/

Defense attorneys have raised concerns that one juror did not disclose during the jury selection process that he was a victim of a sex crime. The attorneys believe he was a biased juror

 

[Paintr]

http://www.erietvnews.com/story/28463800/new-motion-filed-in-vanderbilt-rape-case

Nashville, TN -- Attorneys in the Vanderbilt rape case have filed a motion requesting the court transcripts be made available as soon as possible so attorneys can move forward fighting for a mistrial.

In the filing, Cory Batey's attorney Worrick Robinson said that six weeks after the trial, their team has still not received the transcripts from jury selection.

 

[Paintr]

http://wkrn.com/2015/03/20/assistant-da-jan-norman-shares-thoughts-on-vanderbilt-rape-case/

Since the end of the Vanderbilt trial, Norman said rape victims have reached out to her.

“I get phone calls from rape victims, letters saying they were encouraged and inspired by it,” Norman said.

 

[Paintr]

http://www.cbsnews.com/news/vanderbilt-football-player-convicted-of-rape-in-trouble-again/

Vandy football player convicted of rape in trouble again

Brandon Vandenburg, 21, is facing a single misdemeanor count of battery against a school employee stemming from an alleged Feb. 27, 2014 confrontation at Palm Desert Charter Middle School in Palm Desert, Calif.

 

[Paintr]

http://losangeles.cbslocal.com/2015/03/25/vanderbilt-university-football-player-convicted-of-rape-faces-battery-charge-in-riverside-county/
According to a court declaration in support of an arrest warrant, Vandenburg went to the school that day about 3:34 p.m. and was confronted by campus security officer Jamie Tarascio. Vandeburg Tarascio his name and said he was on his brother’s emergency contact list, according to the document.

Tarascio said he would have to confirm that Vandenburg was authorized to be on the campus and turned to walk into an administration office, sheriff’s investigator Steve Rivera wrote. That’s when Vandenburg – who is described in court records as 6-foot-6 and 255 pounds – snatched Tarascio’s sunglasses off his face, leaving a tiny scratch under the security officer’s left eyebrow, Rivera wrote.

 

[Paintr]

https://www.nashvillepost.com/blogs/postsports/2015/3/26/vandenburg_charged_with_misdemeanor_battery_in_california

Vandenburg allegedly assaulted a security guard at his brother’s middle school in Palm Desert, Calif. on Feb. 27, 2014.

 

[Paintr]

http://wkrn.com/2015/03/27/vandy-rape-case-lawyers-reviewing-jury-transcripts/

Lawyers for the two former Vanderbilt football players convicted of rape are now reviewing jury selection transcripts for what some have suggested might be grounds for a possible mistrial.

Fletcher Long, who recently stepped down as defense attorney for one of the ex-players, said just days after the trial ended in late January that jury foreman Todd Easter should have revealed during jury selection that he was once the victim of a sexual assault

 

[Madeleine74]

Are you a victim if you don't consider yourself to be a victim? IIRC this was a statutory rape situation. The underage person doesn't always consider themselves a victim or consider what occurred a crime.

Like the old joke

Does your family suffer from mental illness?
"No, we enjoy every minute of it!"

 

[whoanellie]

Are you a victim if you don't consider yourself to be a victim? IIRC this was a statutory rape situation. The underage person doesn't always consider themselves a victim or consider what occurred a crime.

Like the old joke

Does your family suffer from mental illness?
"No, we enjoy every minute of it!"

This was not a statutory rape case. You might want to acquaint yourself with some of the facts of the case before posting. Some might find your "joke" offensive.