Ex-Vanderbilt football player asking for new trial - WSMV News 4

Ex-Vanderbilt football player convicted in rape case asking for new trial

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Brandon Banks was found guilty by a jury in June. (WSMV file photo) Brandon Banks was found guilty by a jury in June. (WSMV file photo)

One of the three former Vanderbilt football players convicted of raping an unconscious female student is asking for a new trial.

Brandon Banks, 23, was sentenced to 15 years in prison after a jury found him guilty of aggravated rape and aggravated sexual battery last year.

On Thursday, Banks' attorneys argued that evidence was taken illegally. They claim detectives broke into his phone to get pictures of the rape without a proper search warrant.

Banks' attorneys say there is a lack of video evidence showing that Banks raped the woman.

The state says there is plenty of evidence proving Banks' involvement and that he gave consent to search his cellphone.

Judge Monte Watkins plans to make a decision on whether to grant a new trial by next Wednesday.

Banks, Cory Batey and Brandon Vandenburg are all serving time in prison after being convicted in the case. Their co-defendant, Jaborian McKenzie, has not yet been tried.

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