Expert: Alcohol impaired player's judgment during alleged rape

Cory Batey was so drunk on June 23, 2013, his judgment and intent could have been impaired, a forensic psychologist told a jury today.

Dr. James Walker testified in Batey's defense Friday morning in the 10th day of the Vanderbilt rape trial. Batey, 20, and Brandon Vandenburg, 21, are accused of raping an unconscious woman in Vandenburg's dorm at Vanderbilt University. Both men are former football players.

Also Friday, attorneys for Vandenburg rested their case. Vandenburg will not testify in his own defense.

His attorneys had put on two witnesses Thursday afternoon who said multiple and mixed male DNA profiles were found on the victim's clothing. It was an allusion to a promiscuous culture on college campuses the attorneys say is partly to blame.

Walker's testimony goes to the same defense angle.

Walker first met with Batey after issues of intoxication were raised in the case in October, about 14 months after the alleged crime took place. In the interview, Batey told Walker he'd had 14 to 22 drinks the night of the alleged incident. He'd previously told police he had nothing to drink.

Walker said Batey told him "he was horrified by his actions that night." Another expert, who has not testified but whose findings were introduced by Walker, estimated Batey's blood alcohol content was between 0.175 and 0.33 percent. The legal limit to drive is 0.08 percent.

"He was so intoxicated he was not his normal self," Walker said. "He was doing things he would not normally have done."

Walker said Batey was a man of good moral character when Batey arrived on a full scholarship at Vanderbilt. But he soon fell victim to a culture that included peer pressure, and an "ease and availability" of women.

"The football members conspired together to go out with these particular women," Walker testified.

He said that Batey's girlfriend at the time, who may testify in the case, had reported Batey being sexually aggressive once before. She said Batey stopped when asked.

Walker said Batey had twice been in trouble at Vanderbilt before the alleged rape and been sanctioned for marijuana use. He said, based on records he'd reviewed, it seemed to be a "routine thing" that athletes at the school who failed drug tests were allowed to continue playing without any sort of treatment.

Testimony had adjourned for Friday and Batey's defense has one more witness expected to testify on Monday. Closing arguments are expected to begin on Monday.

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