New Developments In Vanderbilt Rape Case - NewsChannel5.com | Nashville News, Weather & Sports

New Developments In Vanderbilt Rape Case

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by Nick Beres

NASHVILLE, Tenn. - Defense attorneys in the Vanderbilt rape case are taking steps now to have the lead prosecutors removed from the case. And, they are preparing a subpoena for Vanderbilt football coach James Franklin to be called to testify for the defense.

Fletcher Long represents Brandon Vandenburg -- one of four former Vanderbilt football players accused of sexually assaulting a 21-year-old student on campus.

Deputy District Attorney Tom Thurman has raised questions about one of Vandenburg's other attorneys Albert Perez.  In an affidavit, he alleged Perez may have had a hand in destroying evidence in the rape case. Long will file a motion arguing the affidavit makes Thurman a witness, disqualifying him from the prosecution.

"We'll be asking the court to make a determination to have the district attorney's office disqualified from prosecuting this case," said Long.

Thurman disagrees and said the law clearly allowed him to file the affidavit and not step away from the case.

Long also announced plans to subpoena Vanderbilt head coach James Franklin.

"We want to make sure if he takes a job outside of Nashville we can compel him as a witness if we desire him to be one," said Long.

It's no secret Franklin's name has been mentioned in connection with several high profile coaching jobs elsewhere. Long wants to make sure Franklin is available if they need him to testify.

It's important to note that Franklin has not been charged in any way in connection with the rape case. His legal adviser Hal Hardin declined to comment.

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