There has been a big shake-up in the Vanderbilt rape case, just one day before jury selection is set to begin.
The cases against Brandon Vandenburg and Cory Batey have been severed, meaning the two former Vanderbilt University football players will stand trial separately.
The two are accused of raping a college co-ed in a Vanderbilt University dorm room back in 2013. They were both convicted last year, but those convictions were overturned after a juror lied during the jury selection process.
Attorneys for Vandenburg met with Judge Monte Watkins on Monday and said they could not continue with the retrial as scheduled because one of the attorneys is dealing with an unspecified health issue.
The state then decided to move forward with the trial for Batey.
Judge says no continuance. Case is moving forward. We'll be live in Chattanooga on jury selection @NC5 #vandyretrial pic.twitter.com/OJpNqaYtoG
— Chris Conte (@NC5_ChrisConte) March 29, 2016
Batey's attorney, Worrick Robinson, filed an emergency motion to postpone that new trial, saying he needed more time to prepare for this latest development.
"We're not opposed to the severance, but we've got to back to the drawing board and figure out how we want to strategize and move forward," Robinson said to the Judge Tuesday.
Prosecutors fired back saying the defense has filed motions twice before to try the cases separately. They also claimed there will not be a big shift in strategy because of what Batey said when he took the stand during the first trial.
"He's known the evidence," Deputy District Attorney Tom Thurman argued. "His defense cannot change unless he perjures himself. [Batey said] 'I was drunk,' What's changed about that?"
Thurman also argued that another delay will negatively impact the victim, who had to sit through the first trial. He said she has already prepared to face the two men in a courtroom next week.
"This woman has been treated by the system worse than any victim I've ever seen," Thurman said.
Prosecutor: it's time for Batey to face justice. The only person this is unfair to is the victim @NC5 #vandyretrial pic.twitter.com/Ks64pxyEdD
— Chris Conte (@NC5_ChrisConte) March 29, 2016
After both sides argued, Judge Monte Watkins denied the defense's motion.
"Everything has been put in place," Judge Watkins said. "I know it was a surprise to you, but the court is not inclined to continue this matter."
When asked why Prosecutors decided to go on ahead and try Batey without Vandenburg, they said thousands of dollars have already been spent on hotel rooms and other items leading up to jury selection in Chattanooga.
At this point, a retrial date for Vandenburg has not been set.
Jury selection will begin Wednesday morning in Chattanooga. This comes after Judge Watkins ordered a change of venire because of the attention paid to the first trial. This second trial, however, will take place in Nashville.
