News

Actions

Jurors See Graphic Pics, Video Of Alleged Rape

Posted
and last updated

An audio recording, not heard during the original Vanderbilt rape trial, was played as the second day of testimony got underway in the retrial of Cory Batey.

Day two got underway with more testimony, as Metro Nashville Police Detective Jason Mayo took the stand once again. 

Mayo was among the first to tell the alleged victim that she had likely been the victim of sexual assault and asked her to have a rape kit completed.

On Tuesday, Mayo presented various DNA samples he took from students seen in the surveillance video. He also held up Brandon Vandenburg's cell phone, which contained video of alleged rape.   

Jurors also heard an audio recording of an interview Batey gave to police on June 27, 2013. This was not used in the first trial. 

"Will we find your DNA on her," said Mayo. "No sir," Batey responded.

Detective Chad Gish was called to the stand. He testified to photos and videos found on Vandenburg's iphone.

The jury was shown a total of 30 pictures, some still and some video, which Gish said had been deleted from the phone. 

"Just deleting and image doesn't delete it from the thumbnail database," said Gish as he was explaining how he found the images which Brandon Vandenburg and others tried to erase from their phones.

He described the very graphic images from the stand, which showed the alleged rape and assault.

"This is victim laying face down on carpet, appears to be outside dorm rooms her buttox is reddened on both sides, her skirt has been pulled off her underwear is removed"

The public was not allowed to see the pictures, only the jury, judge and attorneys.

The description part of his testimony took about 37 minutes. The courtroom was completely silent the entire time.

Batey could be seen staring straight ahead, only once glancing at his mother sitting in the second row.

Jurors had little reaction to the graphic images they were seeing, most just appeared to be focusing intently on what they were seeing. 

The defense also called Dr. Jonathan Lipman to testify about Batey's BAC level. He explained that his report on Batey's BAC level at time of alleged rape was revised due to a math error.

He said Batey consumed at least 8 shots of Jack Honey the day of the alleged rape, making Batey's BAC level between .23 and .41 - anything over .4 BAC is considered deadly by law enforcement.

The state tried to block Dr. Lipman from testifying, saying it was an unfair move by the state. Yet, the judge ruled that he would allow Lipman's testimony to point on how drunk Batey was during the alleged rape.

Follow @NC5_ChrisConte on Twitter for the latest updates.