NEWS

On eve of ex-player's birthday, jury to begin deliberations in rape case

Stacey Barchenger
sbarchenger@tennessean.com

The trial of two former Vanderbilt University football players accused of rape is coming to a close, with a final defense witness and closing arguments expected Monday.

Jurors also on Monday will likely begin deliberations in the case against Brandon Vandenburg, 21, and Cory Batey, 20. Batey will turn 21 on Tuesday.

Both men are accused of five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg is also charged with tampering with evidence and unlawful photography.

Authorities say Batey sexually assaulted a 21-year-old unconscious woman in Vandenburg's dorm on June 23, 2013. Vandenburg was dating the woman, carried her into his room and coached others during the assault while also taking pictures and videos, according to court testimony.

Monday's testimony will mark the 11th day of the trial. The lone remaining witness in Batey's defense has not been identified publicly. Vandenburg has said he will not testify; Batey has not yet told the judge his decision.

Among the questions looming before jurors:

•How much, if at all, are peer pressure and a campus culture to blame? Defense attorneys say the number of people who did not report seeing the unconscious, partially nude woman indicates a promiscuous campus culture that influenced their clients. Also part of the defense was the role of alcohol, which a psychologist testified impaired Batey's judgment.

•Is Vandenburg criminally responsible for the incident, even though no evidence has shown he physically participated? Should he face different penalties than someone who directly participated?

• Does a co-defendant who testified at trial have anything to gain, and was his crucial testimony honest? Jaborian "Tip" McKenzie testified on the seventh day of trial, describing in graphic detail what he saw the night of the alleged rape.

McKenzie and Brandon E. Banks, both 20 and former Vanderbilt football players, were also in the dorm room during the alleged incident, according to authorities and court testimony. They are facing the same charges as Batey and Vandenburg and are awaiting trial.

If convicted, Batey and Vandenburg face lengthy prison terms. Aggravated rape can carry a prison sentence of 15 to 25 years in prison for a person with no prior felony convictions. Aggravated sexual battery is punishable by eight to 30 years behind bars.

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