NASHVILLE, Tenn. – The new trial date in the case against two former Vanderbilt football players previously convicted of rape has been set for November 30.
Court reconvened at noon Wednesday after an arraignment hearing was held earlier in the morning. After a brief meeting, a new trial was scheduled. However, additional motions are expected to be filed in the case which could delay that date.
Brandon Vandenburg, Cory Batey, Jaborian McKenzie and Brandon Banks were all re-indicted Tuesday on five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg was also charged with unlawful photography; however, the new indictments did not include his original charge of tampering with evidence.
Earlier in the hearing, attorneys for Brandon Vandenburg and Cory Batey opted not to enter a plea due to the late filing of the indictments.
"We just want to make sure that we're not waving any rights for our clients, so that's the reason to reserve any plea for right now," said Batey's attorney Worrick Robinson.
Attorneys for McKenzie and Banks both entered not guilty pleas. Neither has been tried.
Batey was the only defendant present in court for the proceedings.
District Attorney Glenn Funk had previously said he wanted a new trial to begin as early as mid-September.
"We would prefer a quicker trial, yes, then the end of November. The judge picked that particular date, so that's what we'll go with," said Deputy District Attorney Tom Thurman.
However, attorneys for Vandenburg said that date did not give them enough time to properly prepare.
"Obviously we would like as much time as we can get to adequately prepare a defense for Mr. Vandenburg. We feel like the court will give us that," according to Vandenburg's new attorney Troy Bowlin.
Judge Monte Watkins suggested a possible date for early-December, saying he wanted the trial to begin before the end of the year. The first trial lasted three weeks.
After about a two hour break, attorneys and Judge Watkins returned to court and decided upon the November date.
A motion for a change of venue may be filed in this case, as well as other motions, all of which could postpone the trial.
NewsChannel 5 legal analyst Nick Leonardo said even though a trial date has been set, there is still a chance for a settlement between now, and November 30th.
"That's something the court would not be aware of, and obviously the general public would not be aware of. So if there's something going on behind the scenes, we probably wouldn't know until the day before something like that occurred," Leonardo said.
In January, a jury convicted Vandenburg and Batey on multiple counts of aggravated rape and sexual assault of an unconscious woman inside a Vanderbilt dorm room back in 2013.
A mistrial was declared in June after jury foreman Todd Easter failed to mention he was a victim of statutory rape during jury selection.
While out on bond, both Vandenburg and Batey are required to wear a GPS ankle bracelet, surrender their passports and check in weekly with their bonding companies.
Past Stories:
- Batey, Vandenburg Released From Jail After Posting Bond
- Judge Declares Mistrial In Vanderbilt Rape Case
- Vandenburg, Batey Guilty On All Charges In Vanderbilt Rape Trial
