NASHVILLE, Tenn. - One day after a mistrial was declared in the Vanderbilt rape case, Brandon Vandenburg and Cory Batey were released from custody after a judge reinstated their bond Wednesday morning.
Vandenburg and Batey, who are now both presumed innocent following the mistrial ruling, posted bond around 12:30 p.m. after a court appearance earlier in the day.
Judge Monte Watkins reinstated bond for both suspects, with the conditions that they wear a GPS ankle bracelet, surrender their passports -- if they have one -- and check in weekly with their bonding companies.
Judge Watkins allowed Batey’s original bond of $350,000 to remain the same, while Vandenburg’s was increased by $50,000 to $400,000.
Prosecutors had asked that bond for both suspects be increased substantially on the grounds that they may be a flight risk following their previous conviction.
Representatives from their bonding agencies were called to testify during the hearing and asked if they would continue doing business with the defendants.
Free At Last Bail Bonding agreed to remain on Batey’s bond, while an agent with Nashville Bonding Company said the company did not wish to be reinstated. Judge Watkins ruled against that request.
A co-owner of A Around The Clock Bonding Company agreed to remain with Vandenburg.
The victim was not present in court. At this point, a new trial date has not been set.
A mistrial was declared Tuesday afternoon after jury foreman Todd Easter failed to mention he was a victim of statutory rape during jury selection. (Read The Entire Order From Judge Watkins)
Easter failed to disclose that when he was 16-years-old, he was in a consensual relationship with a 23-year-old man. However, Easter said he doesn't consider himself a victim.
Defense attorneys argued there was a bias present -- a bias that gave their two clients an unfair trial.
Easter said he has immense remorse over the impact this has had with the victim and parties involved, but he declined to give further statement out of respect for the victim.
There is a chance that District Attorney Glenn Funk could file a felony perjury charge against Easter, which could carry jail time, but Funk said it was too soon to consider that.
Funk also said he fully anticipated this case going to trial. A mid-September start date was expected to be asked for. Funk added the trial would move a little faster due to previous evidentiary issues being resolved.