Ex-player: Brandon Vandenburg knew to flush condoms

Editor's note: This story contains graphic content and may be disturbing to some readers.

A man charged in the rape of an unconscious student at Vanderbilt University said Wednesday one of his former football teammates claimed he knew how to beat rape charges.

Jaborian "Tip" McKenzie testified in the third day of Cory Batey's trial on aggravated rape and aggravated sexual battery charges in Nashville. McKenzie said he was with his teammates Batey, Brandon Vandenburg and Brandon E. Banks in a dorm room in June 2013 and saw Batey sexually assaulting the woman.

But it was Vandenburg who claimed he knew how to beat charges, McKenzie said.

McKenzie said just minutes after the incident in the dorm room, he and Banks, who were close friends, were freaking out because of what had just happened. They were with Vandenburg in a bathroom at the time.

"He (Vandenburg) told us to calm down, chill, it’s going to be OK," McKenzie said. "He was flushing condoms down the toilet and he has done this before."

Deputy District Attorney General Tom Thurman asked McKenzie to clarify. McKenzie said Vandenburg told him someone he knew had "beat a rape case" by flushing condoms. The man McKenzie identified did not face sexual assault charges in the man's hometown, according to a Tennessean check of court records there. The Tennessean is not identifying the man.

Batey and Vandenburg, both 22, were found guilty of charges against them last year. A mistrial led to Batey's second trial this week. Vandenburg's trial is scheduled for June.

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McKenzie and Banks also are charged and their cases are pending. McKenzie testified in the previous trial and again Wednesday. Both times, he said he did not want to be there but hoped the state would give him some consideration in his own case.

McKenzie said Batey appeared to be having sex with the woman in the dorm, stuck his penis in her mouth and sat on her face and raised his middle finger. He said Batey stuck his fingers into the woman and urinated on her. Jurors on Wednesday also watched three videos of parts of the incident, which were recovered by Metro police detective Chad Gish during his investigation.

McKenzie, now 21, said he asked Batey the next day, did he "get it in" with the woman and Batey said yes.

McKenzie hung his head and rubbed his face during his testimony. He said Vandenburg was coaching the others in the room during the incident. He identified Vandenburg's voice on a recording saying "squeeze that s---, squeeze that s---," and said Banks squeezed a bottle that appeared to be inserted into the woman's anus. But McKenzie also said no one told Batey to do anything.

McKenzie told Thurman he had previously lied when talking to police and Vanderbilt officials, saying he did so because he was embarrassed by his actions and was trying to protect his friends. He said he was being honest on the witness stand.

One of Batey's lawyers, Courtney Teasley, suggested that because of the changing statements, jurors should doubt McKenzie's credibility.

READ MORE: Read about McKenzie's previous testimony here.

Teasley pressed McKenzie on the details of what he saw in the room, specifically McKenzie's testimony about Batey putting his penis in the woman's mouth. Teasley asked if McKenzie saw Batey's penis, "yes or no," a question that McKenzie at first would not directly answer.

Eventually, he said:

"I didn’t see his penis, but I seen him holding his penis area and placing it in her mouth."

Live updates: Cory Batey retrial in Vanderbilt rape case

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