NEWS

Friends: Vandenburg panicked, destroyed cellphones after alleged rape

Stacey Barchenger
sbarchenger@tennessean.com

After sending his friends in California videos of an alleged rape in a Vanderbilt dorm, Brandon Vandenburg went into cover-up mode, according to court testimony Wednesday.

The two men who received those videos, Joseph D. Quinzio and Miles J. Finley, testified on the eighth day of the high-profile trial of two former Vanderbilt University football players.

Vandenburg, 21, and Cory Batey, 20, are on trial, accused of raping a 21-year-old unconscious woman in a Vanderbilt dorm on June 23, 2013.

Finley told a jury that Vandenburg smashed Finley's phone and threw it in a lake. Quinzio said Vandenburg destroyed his phone and tried to install software to erase a messaging program from his computer.

It didn't work. Police found the videos and messages backed up on Quinzio's computer.

Prosecutors continued to build their case against Vandenburg and Batey on Wednesday. Though the state's case is nearing its end, the trial is likely to go into next week. It was originally estimated at 10 days.

Jurors, however, did not appear fatigued by the length of trial on Wednesday. As they have done each morning after resuming their seats, the 14 men and women heartily greeted Judge Monte Watkins.

Six witnesses testified Wednesday, including the alleged victim's former roommate. Their testimony was frequently stalled by objections and legal battles that occurred both in front and out of earshot of the jury.

At one point, Assistant District Attorney Jan Norman showed Quinzio four pages documenting messages Quinzio and Vandenburg exchanged during and after the alleged rape.

"Hey judge, before they publish it, there's one problem," Fletcher Long, an attorney for Vandenburg, interrupted Norman before she could show the documents to the jury.

"Um. I'm not sure if that was an objection by Mr. Long, but I think that we could very quickly address it if we wanted to step out for one second," Norman replied.

Within seconds the attorneys left to have a private discussion with the judge.

Vandenburg and Batey are each charged with five counts of aggravated rape and two counts of aggravated sexual battery. Two of their former football teammates were also charged in the case: Brandon E. Banks and Jaborian "Tip" McKenzie, both 20. Banks and McKenzie are awaiting trial. All four men have pleaded not guilty.

Quinzio and Finley, who live in California, were flown to Nashville for their testimony in the case. The government is paying for their hotel rooms and airfare. Both were charged with a felony count of tampering with evidence in the case and were offered plea agreements and about one year of probation in exchange for their testimony.

Long, Vandenburg's attorney, confronted Finley about the messages Finley and Vandenburg exchanged during the alleged rape. Long asked if Finley was giving directions to Vandenburg. According to testimony, Finley's messages included, "she could call rape so done," and "Dog, kick that [expletive] out or gang bang her."

"I wasn't serious," Finley said. "I'd been drinking and I made a statement that I didn't mean and I'm really sorry for making that statement."

At the end of the day Wednesday, Quinzio pleaded guilty to attempted accessory after the fact, a misdemeanor. He will be able to have the charge expunged from his record if he complies with the probation term.

Finley's case was still pending.

Also Wednesday

• Lauren Miller, the former roommate of the alleged victim, said she woke up the morning after the alleged crime and found her roommate's black high heel on the lawn outside their condo. She said the next time she saw her roommate, the woman had a gash in her knee and bruises on her legs and buttocks.

Miller said she heard a voicemail — played on speakerphone — that Vandenburg left for the alleged victim after the incident.

"I heard him talking to (the woman) and saying he had just gotten out of football meeting, and he was being accused of some very horrible things that he did not do," Miller said. "And he was telling (the woman) to not believe anything she heard."

Prosecutors said the alleged victim does not remember what happened.

Miller also said during cross examination that the alleged victim complained last year that Miller was not cooperating with the police investigation. It is unclear to whom the complaint was made.

• Michael Retta, a Vanderbilt tennis player, and Dillon Van Der Wal, a Vanderbilt football player, testified that they saw the woman lying on the floor outside Vandenburg's room after the alleged assault. They gave conflicting information about whether Vandenburg helped move the woman into his bed. Neither man reported the incident to officials.

What's next

Fifteen of 32 witnesses for the prosecution have not yet testified, although the state is not expected to call everyone on the list. The prosecution's case appears to be coming to a close and will continue Thursday at 9 a.m.

Reach Stacey Barchenger at 615-726-8968 and on Twitter @sbarchenger.