The retrial of a former Vanderbilt University football player once convicted of rape began for a second time on Monday with attorneys on both sides holding little back in their opening statements.
Cory Batey and Brandon Vandenburg were convicted of rape more than a year ago, but the judge declared a mistrial after it was discovered one of the jurors had not disclosed that he was a past victim of a sexual assault.
As Batey's trial got started Monday morning, prosecutors asked that intoxication not be considered a defense for the crimes of which he was accused.
Prosecutors also said they received an email Sunday night, saying a medical expert is changing his report from first trial. The State argued they weren’t ready for cross-examination to explain Batey's mental state at the time.
Batey pleads not guilty to charges he raped a female student at Vanderbilt back in 2013 @nc5 #VandyTrial pic.twitter.com/4pYP2lGcLB
— Chris Conte (@NC5_ChrisConte) April 4, 2016
After a series of motions, the jury was brought in and charged. Opening statements then got underway.
"It was like a perfect storm," Assistant District Attorney Tom Thurman told jurors about the early morning hours of June 23, 2013 when the alleged rape occurred.
Thurman told jurors that the victim was brought to Gillette Hall by her then boyfriend, Brandon Vandenburg, who is expected to be tried at a later date. While carrying the victim, who was unconscious after a night of drinking at Tin Roof, back to the dorm Vandenburg ran in to his teammate Cory Batey.
"(In surveillance) you'll see how they just dump (her) on the floor," Thurman said.
The young woman was then brought in to a dorm room where officials say she was assaulted first with a water bottle.
"They're taking pictures of her vaginal area and laughing, they think it's extremely funny. Within a minute of entering that room he (Batey) starts assault her," Thurman said.
"He tries to have sex with her but can't ... he violated every principle of human decency," he added.
AT the first trial jurors were shown video of the alleged assault that was recorded on an iPhone, Batey's attorneys were quick to address what was largely seen as 'the smoking gun' during that trial.
"What you won't see ever is Batey trying to take pictures, take video. Push back how those pictures make you angry and look deeper," his attorney Courtney Teasley told the jury.
"Listen to all of it and the only verdict you'll be able to return is not guilty of aggravated rape," she added.
Attorneys from both sides spent about 40 minutes on opening statements then the state called their first witness, Julianna Martel. Martel was on the dance team with the victim while she was a student at Vanderbilt.
"She seemed normal," Martel said when speaking about the victim after seeing her in the hours leading up to the alleged assault.
The state then showed jurors hours of surveillance video from inside Gillette Hall, in which Batey and other former Vandy Football players could be seen carrying the incapacitated victim in to an elevator, then to the room where officials say the rape occurred.
"They're trying to pick the alleged victim up and carry her," Lt. Donnie Harville of the Vanderbilt University Police department explained.
Defense attorneys though, likely in an effort to show Batey's level of intoxication, asked Lt. Harville to describe moments when Batey could be seen with stumbling and trying to get out of an elevator as the door closed on it.
The first day of testimony ended with Det. Jason Mayo from the sex crimes unit at Metro Nashville Police detailing how he first made contact with the victim.
"She was hesitant (about getting a rape kit) because she was confused and then decided she did want to do the examination," Mayo said.
Mayo also showed jurors a bag of clothes that belonged to the victim, which was admitted in to evidence, the clothes were worn by the victim the night the alleged rape happened.
Mayo will continue his testimony on Tuesday morning.
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