Cory Batey, the former Vanderbilt football player once convicted of rape, went before a judge days before his retrial was set to start.
A status hearing was held Friday morning in Nashville, as Batey requested to fire his current attorney Worrick Robinson – a request Judge Monte Watkins denied.
“I love Mr. Robinson, I love what he’s done for me but I just feel like the performance and the effort he’s given me… I just feel like I’ve had inadequate counsel,” Batey said.
However, Watkins said while he appreciated his concerns, the case is moving forward.
The defense claimed it still did not have their witness list finalized, reworking strategy since two cases were severed.
The state also made a motion asking if Brandon Banks would be testifying. They asked that if he is called to testify, that it be done outside of the presence of the jury. The motion was granted.
During the hearing, the state said they want the victim, whose name would not be used, to be called "victim" not "alleged victim."
The defense argued calling her a "victim" instead of "alleged victim" implies Batey is guilty.
Defense: The term victim presumes guilt. Referring to this young lady as victim does so @NC5 pic.twitter.com/n9UiD72mH0
— Chris Conte (@NC5_ChrisConte) April 1, 2016
Jan Norman: "she is a victim" and wants her to "be referred to as such" @NC5 #VandyRetrial pic.twitter.com/bN96DBA9ND
— Chris Conte (@NC5_ChrisConte) April 1, 2016
Batey also became ill during the hearing and abruptly stood up and left the courtroom. He later returned before becoming sick to his stomach a second time, leaving, and waiving his right to appear.
Prosecutors said a lot of evidence relating to Brandon Vandenburg won't be used, which was expected to make the retrial much shorter for that reason.
The judge said court would likely go until 5 p.m. each day. The victim can't be in Nashville until Friday because she has a final exam on Thursday.
