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Jury Sees Video Of Alleged Rape In Batey Retrial

Posted at 8:13 AM, Apr 06, 2016
and last updated 2016-04-06 21:39:33-04

As day three of the Cory Batey retrial got underway, jurors were shown graphic video from the alleged rape of a female student inside a Vanderbilt University dorm room.  

Metro Nashville Police Detective Chad Gish took the stand again Wednesday and described cell phone video of the alleged incident and how it was discovered.

"I ended up recovering five videos. They were recorded on June 23, 2013 at 2:35a.m," he very methodically explained to the jury.

Cory Batey moved his eyes only slightly as the jurors watched 50 seconds of the video that prosecutors said showed the 22-year-old allegedly raping a woman inside a Vanderbilt University dorm room.

The alleged victim was not in court while the video played. 

Prosecutor Jan Norman then cued up the video, that legal experts said would make it difficult for Batey's defense team to recover from.

"This is the victim laying on the hallway in Gillette Hall ... her skirt has been removed .. she's not twitching," Gish said as he lowered his voice.

He went on to graphically describe how Batey allegedly assaulted the woman, who was not moving on the floor, with his hand.

A voice on the recording could be heard talking about a water bottle which was also allegedly being used to sexually assault the victim. 

The men in the video could also be heard laughing throughout the clip as the unconscious female student was allegedly assaulted and photographed.

Prosecutor Courtney Teasley fired back though asking, "There's no penetration in this photo?" to which Detective Gish responded, "I don't believe so."

Detective Gish also described several text exchanges that prosecutors claimed was an attempted cover up.

Jurors were shown at least 30 images on Tuesday -- the majority of pictures from Brandon Vandenburg's iPhone of the alleged sexual assault. 

Batey's one-time best friend and former teammate, Jaborian "Tip" McKenzie was also called to testify on Wednesday.

McKenzie was a co-defendant in the case, but was not being tried.

He testified to Batey's specific actions in the alleged assault. "I was ashamed of what happened in the room," he added.

Yet, Defense attorneys questioned McKenzie's credibility after he admitted to lying multiple times during police interviews.

"When did you start telling the truth?" defense attorney Courtney Teasley asked. "In my last statement," McKenzie responded.

NewsChannel 5 reporter Nick Beres has been following the case with legal analyst Nick Leonardo: 

Join Nick & Nick-Squared NOW as they watch the Vanderbilt Rape Re-Trial of Cory Batey. Watch with us and comment. They'll try to answer live.

Posted by NewsChannel5.com on Wednesday, April 6, 2016

 
Testimony was set to resume at 9a.m. on Thursday.
 
@NC5_ChrisConte has been Tweeting live updates throughout the trial. **Warning, some may find the content graphic in nature**