Final preparations underway for second Vanderbilt rape trial as many wonder if a plea deal might be reached first.
Both former football players were convicted the first time, but their verdicts were thrown out because of juror misconduct.
Preparation for the second trial has begun, but will it really happen?
Brandon Vandenburg and Cory Batey walked out of the Davidson county jail last June free men, but now they know what it's like to be locked up.
"They've got a taste of what's to come if they are convicted again," said Nick Leonardo, Newschannel 5 legal analyst.
That raised the question: Are they ready to deal? The two former Vanderbilt football players were convicted of raping a female student on campus in 2013.
But, the verdicts were tossed. The judge citing an unfair bias by the jury foreman; so will there really be another trial?
"I expect this case to go to trial," said District Attorney Glenn Funk last spring.
At the same time defense lawyers for Batey and Vandenburg weren't so sure.
"I can't imagine anybody really in truly wanting to try this case again," said Batey's attorney Worrick Robinson.
But now nearly a year later? "It appears the case is going forward. I think they will begin selecting a jury out of Hamilton county rather soon," said Leonardo.
The judge wants the jury ready for a trial now scheduled to begin in five weeks.
Leonardo said the second time around will be costly since the jury from Chattanooga will be sequestered here for the entire two-to-three week trial.
"It's going to be very expensive and time consuming," said Leonardo.
But, what about a plea deal? Sources close to the case said prosecutors have not offered a thing, but if they did the offer would be for a sentence of at least 15 years in prison.
With that much time on the table, the defendants would likely take their chances with the jury at trial.
Remember, lawyers on both sides learned what worked and what didn't work the first time.
"Both the prosecution and defense are in a unique situation here because they can go back and actually watch these witnesses testifying and hindsight is always 20/20," said Leonardo.
Will we see some new legal strategies, especially from the defense? We'll find out when trial begins on April 3.
