Day-by-day summary of retrial for Cory Batey - WSMV News 4

Day-by-day summary of retrial for Cory Batey

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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.

Batey and Vandenburg were both found guilty on multiple charges during a trial in January 2015. The judge later declared a mistrial after discovering the jury foreman did not disclose he was a victim of statutory rape.

This time around, Batey and Vandenburg are being tried separately. Vandenburg is scheduled for a retrial in June.

The two other former football players, Brandon Banks and Jaborian McKenzie, are also charged in the case.

The jury for Batey's trial was chosen in Chattanooga and consists of 10 men and four women.


The state and defense deliver their opening statements.

The defense team for Cory Batey claims Brandon Vandenburg, who will be tried later, was the mastermind, calling Vandenburg "the puppet master."

Batey's attorneys say he was too drunk to have known what he was doing, while the prosecution claims Batey repeatedly assaulted the woman and there are videos that prove it.

During his opening statement, Deputy District Attorney Tom Thurman gave the jury a timeline of events, explaining how the woman ended up in Vandenburg's dorm room in Gillette Hall, calling it "a perfect storm."

Thurman shared graphic details of what allegedly happened that night and described photos and videos that were later recovered from electronic devices.

The jury called four witnesses to the stand, including Lt. Donnie Harville, who went over the surveillance footage from Gillette Hall.

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Detective Jason Mayo continued to explain the process of how evidence was collected in the case.

Sharon Tilley and Felicia Evans, both crime scene investigators, explained how they processed the dorm room of Brandon Vandenburg.

Detective Chad Gish was called to the stand and explained how he obtained photos that were deleted from the cellphones of several of the defendants.

Gish shared detailed and graphic accounts of the photos while the jury viewed them.

The defense team's expert witness, Dr. Jonathan Lipman, testified about how alcohol can affect someone's body, giving examples of the possible BAC levels Cory Batey may have had that night.

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Detective Chad Gish continued his testimony and shows the jury graphic videos taken during the alleged rape. Gish explained how he obtained these videos from one of Brandon Vandenburg's friends in California.

One video showed the woman lying in the hallway and the other two videos were filmed inside Vandenburg's dorm room.

Gish also outlined what happened in the aftermath of the alleged rape, reading text messages that Batey sent in the days afterward to his friends trying to figure out who knew what.

After hearing about the evidence, the jurors heard firsthand from two people who were in the dorm room that night.

One of them was co-defendant Jaborian McKenzie, who is also charged with rape in this case. He has not yet been tried.

The other was Mack Prioleau, a preferred walk-on for the football team, who was Vandenburg's roommate and in the top bunk during the time of the alleged assault.

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Several people who came into contact with the woman in the hours before and and after the alleged assault testified on Thursday.

One of those people was the woman's former roommate, who said the woman looked "disheveled" the next day when she saw her.

Two other people who saw the woman in Gillette Hall in the hours following the incident said they did not report what they saw. One of them, who is also a former football player, said he was friends with the alleged victim.

The state also called the nurse practitioner who performed the rape kit exam as a witness.

Judge Monte Watkins told the jury that the state only has one more witness to call on Friday.

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The alleged victim took the stand and shared emotional testimony about what happened after she woke up the next morning and the days after the incident.

After much discussion between the defense team and the judge, Cory Batey also testified. He said he does not remember anything between using the restroom at East Hall and waking up around 8 a.m. on June 23, 2013.

The defense and state both delivered their closing arguments, and the jury was handed the case around 8:35 p.m.

After deliberating for about two hours, they announced their verdict.

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