Expert: Alcohol altered ex-player's judgment night of alleged rape

Cory Batey grew up with limited means, one of 13 siblings. His father died when Batey was in fifth grade.

By high school, he developed a talent for football. And he was sharp. He landed football scholarships to private Ensworth High School and then Vanderbilt University.

On June 23, 2013, Batey was not his normal self, a forensic psychologist told a jury Friday. Authorities say Batey, 20, raped an unconscious 21-year-old woman in a dorm room on that day in June.

Batey and another former Vanderbilt football teammate, 21-year-old Brandon Vandenburg, stand trial accused of five counts of aggravated rape and two counts of aggravated sexual battery. Two other men, Brandon E. Banks and Jaborian "Tip" McKenzie, both 20, also are accused and are awaiting trial.

In the 10th day of trial Friday, Vandenburg announced he would not testify and his attorneys rested their case. They had called two witnesses Thursday afternoon who said multiple male DNA profiles were found on the victim's clothing. It was an allusion to what defense attorneys say is a promiscuous culture on college campuses that is partly to blame.

Forensic psychologist Dr. James Walker's testimony was part of the same defense angle. He talked about alcohol's affects on the brain, showing jurors a plastic model head and brain — something fit for a doctor's office — named "Harlan."

He also talked about his own experiences abusing substances. Walker said he had a "serious problem with cocaine" from 1999 to 2012, when he was reported to the Tennessee Department of Health. He was sanctioned and is on probation. He said he's been clean since.

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

Batey told Walker "he was horrified by his actions that night," according to Walker's testimony. A toxicologist — whose report was mentioned during Walker's testimony — estimated Batey's blood alcohol content was between 0.175 and 0.33 percent. Batey's BAC was never tested. The legal limit to drive is 0.08 percent.

Walker said that amount of alcohol was enough to cause a "blackout" and alter Batey's judgment, reasoning and understanding of consequences.

"Because he was so intoxicated, he was not his normal self," the doctor said. "He was doing things that he would not have done normally."

According to trial testimony, Batey removed the woman's clothing and sexually assaulted her. He put his buttocks on the woman's face, lifted a middle finger and one of the other men took a picture. As a final act, according to court testimony, Batey urinated on the woman.

Walker said Batey encountered a culture that included peer pressure and an "ease and availability" of some women when he arrived on Vanderbilt's campus. He was 18 at the time of the alleged rape.

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

A woman Batey was dating said that Batey had been sexually aggressive once before, according to Walker's testimony. She said Batey stopped when asked. She also told police she had to help Batey get to his room the night of the alleged rape because he was so drunk.

But that woman's roommate, Courtney Heard, testified on Friday. Heard said when she saw Batey shortly before the alleged rape, she did not think Batey was intoxicated.

Walker said Batey had twice been sanctioned at Vanderbilt for drug use. Walker said, based on records he reviewed, it seemed to be a "routine thing" that athletes who failed drug tests continued playing. In cross examination, Walker said he had done no scholarly research about Vanderbilt's campus.

"Was the prevailing culture at Vanderbilt a contributing factor to his (Batey's) decision making?" Worrick Robinson, Batey's attorney, asked.

"I believe that it was," Walker replied.

ALSO FRIDAY

• Judge Monte Watkins swore in Vandenburg, asking if Vandenburg understood his rights related to testifying in the trial. Vandenburg assured him, "yes, your honor." He said he will not testify in the case, and his defense team rested.

• Watkins addressed jury instructions, which are expected to be given Monday. Prosecutors and defense attorneys will draft those documents and the judge is expected to reconsider the issue Monday.

WHAT'S NEXT

One more witness is expected to testify in defense of Cory Batey on Monday, when trial resumes at 9 a.m. Then prosecutors and defense teams will deliver closing arguments and the jury will be dispatched to deliberate the case.

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