Juror: Video evidence 'damning' in rape case

Twelve strangers, jurors in the Vanderbilt rape trial, got their first chance to discuss the case on Tuesday when they were dismissed to deliberate.

In 12 days of trial, they could not talk to each other or their families about the case. Coming to unanimous guilty verdicts on 16 counts took a little more than three hours.

"I think by the time we got into the jury room, most people had made up their minds," Todd Easter said. Easter, the jury foreman, said the jurors immediately agreed on verdicts on about half of the charges and then focused discussion on the ones that were more complicated. Agreements were quickly reached on charges where there was "damning" video or photo evidence, Easter said.

Easter and Dr. Geoffrey Fleming, two of the jurors, spoke to The Tennessean on Wednesday. On Tuesday they and 10 other jurors returned guilty verdicts against Brandon Vandenburg and Cory Batey, both 21. Vandenburg and Batey are former Vanderbilt University football players who raped an unconscious woman in a dorm on June 23, 2013.

Fleming said jury service was his duty and, even though it was an inconvenience to his family, his patients and his employer, he would do it again. People told him to get out of it.

"I went into jury duty emphatically saying this is my civic duty," Fleming said. "If I'm not going to do it, why should I expect somebody else to do it?"

Both men said they hoped this case put a national spotlight on issues of sexual assault, and particularly the role each person has in setting a commonly accepted culture. Defense attorneys argued Batey was influenced by a culture of promiscuity and drinking at Vanderbilt.

In the course of the trial, the jurors heard testimony from several people who saw the rape victim partially clothed or being carried while unconscious. Five men were in the dorm room during the rape, four who were charged and one who tried to sleep through the attack. None reported anything.

"I sort of feel strongly that this is a moment," Fleming said. "Everybody is talking about sexual assaults on campus. This is an issue where society is where it is because, on some level, we've stopped doing the right thing for the people next to us."

Easter said nearly three weeks of thinking about the evidence as it was being presented in the case led to a quick verdict. He said all the attorneys presented thorough cases.

"I'm really confident we made the right decision," Easter said. "Everyone worked really hard to stay focused."

He said the "defense did an incredible job, they were essentially given unwinnable cases and turned it essentially into the longest, hardest-fought legal battle." He said he did not believe Batey's testimony that Batey did not remember anything because he was drunk.

"I think Cory Batey's testimony probably did more harm than good," Easter said. "His intoxication defense came a little bit late and was pretty lackluster when he got on the stand. He had clearly been coached (and that) … provided a buffer that made it more difficult to see his true intentions." Easter said he believed Batey was sorry for his actions.

Both Easter and Fleming called the victim brave for taking the stand and testifying in the case, though they said her testimony did not have as great an impact on their decisions as the video and photo evidence. She testified that she does not remember the rape.

"But the fact that she was in the courtroom every single day from start to finish showed, to me at least, some degree of bravery and willingness to, sort of, face up to her accusers and see that justice was, sort of, made," Easter said.

Reach Stacey Barchenger at 6150726-8968 or on Twitter@sbarchenger.