The third Vanderbilt rape trial, this time for Brandon Banks, is set to take place in June, but talks of a plea deal could keep the case from going back to trial.
It's hard to imagine: But the stage is now set for yet another Vanderbilt rape trial.
First, Brandon Vandenburg, then Corey Batey and next is Brandon Banks.
There's word that plea talks have collapsed. It comes down to this: How much time is Brandon Banks willing to serve?
Brandon Banks has basically sat back and watched as two other defendants, Cory Batey and Brandon Vandenburg, who were convicted and sentenced to prison for raping an unconscious woman in a Vanderbilt dormitory four years ago.
Now it's his turn to stand trial for the same offense.
"I do think the evidence against him is going to be the same," said Newschannel 5 Legal Analyst Nick Leonardo.
That evidence is devastating, especially cell phone video and photos of the assault. Some cell phone images were challenged in court last week by Banks' attorney Mark Scruggs.
However, unless judge Monte Watkins throws it out, Banks will face essentially the same evidence that resulted in 15 and 17 year sentences for the first two.
Many figured Banks would jump at a plea offer.
"Mr. Banks has decided he would rather go to trial and run the risk of additional jail time as opposed to what the state offered," said Leonardo.
There's little doubt there have been plea talks, but Leonardo thinks a possible offer of say 12 years may have Banks thinking of taking his chances at trial.
One thing is certain, his alleged victim will be there if needed.
"I think we know the victim is willing to move forward and the D.A. is willing to move forward," said Leonardo.
The trial is set to begin June 19, but a plea deal is still a possibility. The fact that it hasn't happened yet means all parties involved are preparing for trial.
If Banks is convicted at trial or agrees to a plea deal he will to prison time and also become a felon and go on the sex offender registry. A fourth defendant Jaborian McKenzie is still awaiting trial.
