Victims' groups seek to block Vanderbilt rape case records

Four victims' rights groups are asking the state Supreme Court to rule against a coalition of state media organizations seeking access to records in a high-profile Vanderbilt rape case.

In a "friend of the court" brief, the National Sexual Violence Resource Center, the Tennessee Coalition to End Domestic and Sexual Violence, the National Crime Victim Law Institute and the Sexual Assault Center are asking the court to weigh the welfare of victims — and their rights under state law to be protected from intimidation, harassment and abuse — against releasing police records sought by news organizations.

At issue is the evidence collected by police and the Davidson County District Attorney's Office in the criminal case against four former Vanderbilt football players in the rape of an unconscious female student in a campus dorm in June 2013.

Two former players, Brandon Vandenburg and Cory Batey, were convicted after a high-profile trial on four counts of aggravated rape and two counts of aggravated sexual battery in January. They await sentencing June 15.

Two other former players, Brandon Banks and Jaborian "Tip" McKenzie, await trial on similar charges.

The Tennessean, eight media organizations and the Tennessee Coalition for Open Government filed suit against Metro in the fall of 2013 seeking access to records in the hands of police, including text messages between Vanderbilt football coaches and players.

The victim in the case also opposes the release of records, arguing that the "Victims' Bill of Rights" gives her the right to be treated with "dignity and respect" — a right she asserts would be lost with the release of the records.

The rape was captured on cellphone video and pictures, but the media groups are not seeking access to those images. The Tennessean and other media are seeking more than 400,000 text messages, including those between coaches and football players after the rape. According to filings in the criminal trial, former head football coach James Franklin and former director of performance enhancement Dwight Galt — both now at Penn State University — contacted the victim during a medical examination four days after the rape.

Three other groups not affiliated with the case have filed briefs in support of the state's newspapers and television stations. They are the Tennessee Press Association, Reporters Committee for the Freedom of the Press and the Tennessee Association of Broadcasters, both based in Charlottesville, Va.

The Tennessee Court of Appeals ruled partially against the media coalition, but the state's highest court agreed to take up the case, setting a May 28 date for oral arguments.

Reach Anita Wadhwani at 615-259-8092 or on Twitter @AnitaWadhwani.