Day-by-day summary of the first Vanderbilt rape trial - WSMV Channel 4

Day-by-day summary of the first Vanderbilt rape trial

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Defendants Brandon Vandenburg (L) and Cory Batey wait in the courtroom. Defendants Brandon Vandenburg (L) and Cory Batey wait in the courtroom.
Cory Batey takes the stand on Jan. 26. Cory Batey takes the stand on Jan. 26.
Jaborian "Tip" McKenzie testifies. He is also charged in connection to the alleged incident. Jaborian "Tip" McKenzie testifies. He is also charged in connection to the alleged incident.
Lauren Miller, former roommate of the alleged victim, testifies in court Wednesday. Lauren Miller, former roommate of the alleged victim, testifies in court Wednesday.
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    Cory Batey sits in court during a hearing on April 1. (WSMV)Cory Batey sits in court during a hearing on April 1. (WSMV)

    Opening statements for the retrial for Cory Batey began on April 4, 2016. Batey is one of four former Vanderbilt football players who is charged in the rape of an unconscious female student in June 2013.

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    Opening statements for the retrial for Cory Batey began on April 4, 2016. Batey is one of four former Vanderbilt football players who is charged in the rape of an unconscious female student in June 2013.

    More >>
NASHVILLE, TN (WSMV) -

A trial was held for former Vanderbilt University football players Brandon Vandenburg and Cory Batey in January 2015.

Vandenburg and Batey were convicted on several counts, but the verdict was later overturned when the judge declared a mistrial because of juror misconduct.

Vandenburg and Batey are being tried separately for their retrial. Batey's trial began on April 4, 2016.

The alleged rape of the female student is said to have occurred in a dorm on campus during the early morning hours of June 23, 2013.

Below is a summary of what happened during each day of the first trial.

Monday, Jan. 12

Jury selection begins. Potential jurors were warned that the trial and the evidence presented during the case will be graphic.

Assistant District Attorney Jan Norman explained criminal responsibility to the jury, saying if a person benefited, directed or aided in a crime, they can be held responsible for the crimes of others.

Cory Batey's attorney, Worrick Robinson, asked about internal biases and preconceived notions. He asked jurors if they thought getting drunk was morally wrong and also asked questions about race.

Fletcher Long, an attorney for Brandon Vandenburg, asked each juror if they were looking at two innocent men when they looked at Vandenburg and Batey. Each juror replied, "Yes, I am looking at two innocent men."

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Tuesday, Jan. 13

Five men and nine women are selected for the jury. Two of the men are black and three are white. Of the nine women, two are black, six are white and one is of Middle Eastern descent.

In his opening statement, Deputy District Attorney General Tom Thurman described the victim, saying her life had a promising future until she met a new man, Vandenburg, who changed her life forever. Thurman had a graphic, detailed account of a night of partying, drinking and later, the alleged rape.

Worrick Robinson, attorney for Batey, made the case that his client was "very inebriated" that night and that he "had a blackout." He said no DNA evidence or fingerprints belonging to Batey were found in the dorm room.

In his opening statement, Vandenburg's attorney, Fletcher Long, said the state's details of the incident are full of inaccuracies. He also reiterated to the jury that they should question who is telling them what.

Lt. Donnie Harville with the Vanderbilt University Police Department begins to testify about the surveillance video captured on cameras inside the dormitory where the incident allegedly took place.

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Wednesday, Jan. 14

Lt. Donnie Harville continued his testimony about the surveillance footage taken in Gillette Hall in the early morning hours of June 23, 2013. Harville described what was happening in the footage as it was shown to the jury. This footage was not shown to the media.

Harville noted that the surveillance cameras are activated by motion, which is when they start recording.

At one point, Harville noted that Vandenburg was shown on camera placing a towel over one of the cameras in the hallway of Gillette Hall. The camera then reportedly went black for a period of time.

The videos set the time frame and the whereabouts for Vandenburg, Batey, Jaborian "Tip" McKenzie and Brandon Banks before, during and after the alleged assault.

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Thursday, Jan. 15

Day three of testimony in the Vanderbilt rape trial focused on what happened after four former football players allegedly raped an unconscious woman in a dorm room.

Jurors got a close-up look at the evidence taken from Vandenburg's dorm room in Gillette Hall, which is where the alleged incident is said to have taken place.

Two Metro police officers were called to the stand. Both were called to the dorm room on June 27, which is four days after the alleged rape occurred in the early morning hours of June 23.

Lt. Donnie Harville with the Vanderbilt University Police Department also picked up his testimony from where he left off on Wednesday, answering questions about the video of the alleged victim being brought into Gillette Hall and about the former football players who he identified in the footage.

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Friday, Jan. 16

Jurors saw the first images of the incident recovered from cell phones of the defendants.

Some of the state's key pieces of evidence were entered into evidence during the morning session, including Vandenburg's cell phone and his computer, Batey's cell phone and even the victim's clothing and underwear she was wearing the night of the alleged assault.

The images police recovered from the cell phones of Vandenburg, Batey and Banks were thumbnails recovered from the system files. The original images and videos had been deleted from the phones.

Metro Police Detective Chad Gish said he found seven images on Batey's phone, nine on Vandenburg's phone and 14 on Banks' phone. No images or thumbnail images were found on Jaborian "Tip" McKenzie's phone.

The images showed the former Vanderbilt football players, except Vandenburg, with the victim on the floor of the dorm room. Gish described how the men allegedly had the unconscious woman on a towel as they allegedly assaulted her, even at one point using a water bottle. Many photos were described as the men laughing and joking through the event.

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Monday, Jan. 19

Jurors saw disturbing video in court on Monday showing one of the defendants trying to have sex with the alleged victim, who was motionless on the floor, according to testimony.

Metro Police Detective Chad Gish began his second day of testimony describing what he and another Metro detective recovered from an Apple computer and iPhone recovered from the California home of Joseph Quinzio, who was indicted on charges of obstruction of justice.

Jurors also heard a voice mail recovered from Quinzio's phone that appeared to be from Vandenburg, who was upset that Quinzio had not returned his call. The caller on the voice mail said “I'm in deep s**t.”

Gish explained how he pulled Vandenburg's call logs and found dozens of calls to former teammates, including Chris Boyd, Austyn Carta-Samuels and Batey, trying to get help.

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Tuesday, Jan. 20

McKenzie, one of the four former football players charged in the case, admitted in court that he made a pact with the three other defendants to lie and cover up the alleged assault.

McKenzie testified he was in the room at the time of the alleged incident. He said he did not touch the woman and only took a photo when he was asked to.

McKenzie said he was close friends with fellow defendants Batey and Banks in June 2013. Banks and McKenzie were roommates in Gillette Hall but lived on a different floor than Vandenburg's dorm room, which is where the alleged assault is said to have taken place.

Mack Prioleau, who was Vandenburg's roommate in June 2013, was next up to the stand. Prioleau testified he was sleeping in the top bunk when a woman was brought into the room. He said he heard conversations and laughing and that he heard pornography being played. He also said the woman appeared to have been passed out.

The state also called Deandre Woods, a sophomore and current Vanderbilt football player, who said he saw an unclothed woman who was "looking unconscious" in the hallway. According to Woods, he and Chris Boyd moved the woman from the hallway to Vandenburg's room. He said Vandenburg was there but they did not have any conversations.

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Wednesday, Jan. 21

The jury heard for the first time from Miles Finley and Joseph Quinzio, two California men who were close friends with defendant Brandon Vandenburg in the summer of 2013. Both Finley and Quinzio have been charged with tampering with evidence in connection to this case.

Both allege that Vandenburg sent them videos and texts the night of the alleged rape. Quinzio described those videos as "horrific" and "surprising."

Lauren Miller, who was the alleged victim's roommate in June 2013, also testified. She said when she saw her roommate the next day, her hair was matted and that she saw a gash on her roommate's leg and bruising on her thighs and buttocks.

The court also heard from Michael Retta and Dillon Van der Wal, both former athletes at Vanderbilt University.

Retta, who was on the tennis team in June 2013, lived in East Hall and was roommates with Chris Boyd, who has pleaded guilty to a misdemeanor charge connected to the case.

Van der Wal was on the football team with Batey and Vandenburg. He said he was also friends with the alleged victim.

Both Retta and Van der Wal testified that they were in East Hall and went over to Gillette Hall with Boyd the night of the alleged assault. They said they met up with Deandre Woods, another football player, outside the dorm.

Retta, Woods and Van der Wal have all testified to seeing a woman lying on the floor outside Vandenburg's room. The woman was then moved from the hallway to Vandenburg's dorm room. Both Retta and Van der Wal's stories differed on who actually carried the woman into the room.

The jury also heard from Lisa Addleman, who is a fingerprint expert with the Metro Nashville Police Department. Addleman said prints matching Jaborian "Tip" McKenzie and Brandon Banks, who are also charged in the case, were found on a condom box that was in Room 213.

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Thursday, Jan. 22

The alleged victim took the stand.

The woman, who remained composed and clear throughout her testimony, said she went to Tin Roof around midnight on June 23, 2013, with some friends, which is where she met up with defendant Brandon Vandenburg. She said she had only known Vandenburg for a few weeks at that time.

She repeatedly testified that she did not remember anything else until she woke up in an unfamiliar dorm room at 8 a.m. on June 23.

"I felt very out of it. I didn't feel like myself. I felt very confused; I felt sick, as in nauseous. I started to develop a really bad headache and I also was in pain in certain parts of my body," she said of her condition that morning.

Katherine Parnell, the nurse practitioner who performed a medical exam on the alleged victim on June 26, also took the stand.

The state's final witness was Detective Chad Gish, who testified earlier in the week. He described text messages that were sent between defendants Vandenburg and Cory Batey and also between Batey and Chris Boyd.

The defense team for Vandenburg called its first witnesses. Both are scientific experts, one specializing in DNA analysis and the other in toxicology.

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Friday, Jan. 23

Judge Monte Watkins told the jury they can expect to begin deliberations on Monday.

Watkins said the defense for Cory Batey will call one more witness on Monday, and then closing arguments will be heard after that.

The defense for Batey called its first witness, Dr. James Walker. Walker testified his conclusion was that Batey was "significantly intoxicated" the night of June 23 and that it is "certainly possible" Batey had a blackout related to alcohol.

According to Walker, Batey told him he was "horrified" by his actions in the dorm room that night.

The state called a rebuttal witness, Courtney Heard. Heard was the roommate of the woman who was dating Batey in June 2013. Heard testified that she went to Batey's dorm room in Gillette Hall the night of the alleged rape. She said Batey "seemed nonchalant" and his speech "seemed normal."

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Monday, Jan. 26 

Defendant Cory Batey took the stand and apologized to the alleged victim. 

"I'm just sorry. I never intended on hurting anyone. I was extremely intoxicated, and I would just like to extend a personal apology," he said.

Both the defense teams for Batey and Brandon Vandenburg requested motions for acquittal. Judge Monte Watkins denied those motions.

Assistant District Attorney Jan Norman began the state's closing argument by going through each count in the indictment, discussing the proof she said the state has provided.

Worrick Robinson, Batey's attorney, also gave his closing argument, saying his client was a product of his environment, a product of the party culture at Vanderbilt, where he ended up at the wrong place at the wrong time

Watkins instructed the jury they should expect to begin deliberations on Tuesday.

Click here to read more. 

Tuesday, Jan. 27

Defendants Cory Batey and Brandon Vandenburg were both found guilty on four counts of aggravated rape, one count of attempted aggravated rape and two counts of aggravated sexual battery.

Vandenburg was also found guilty of tampering with evidence and unlawful photography.

The jury deliberated for more than three hours before announcing the verdict. 

Click here to read more.

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