Vanderbilt rape case: New trial set for Nov. 30

A second trial for former Vanderbilt University football players accused of rape has been set for Nov. 30.

That date could change as defense attorneys have already voiced concerns about having enough time to be prepared for the second trial of Brandon Vandenburg, 22, and Cory Batey, 21.

They are facing charges of aggravated rape and aggravated sexual battery. A jury found them guilty of those charges in January.

Because of an issue of juror bias, Judge Monte Watkins declared a mistrial in the case last month.

When asked whether the rape victim was ready for a second trial, Deputy District Attorney Tom Thurman said, "she is."

A new indictment in the case — with the same felony charges but slightly different language — was delivered by a grand jury earlier this week. Vandenburg is also facing charges of destruction of evidence and unlawful photography.

In a hearing Wednesday morning, attorneys for two other co-defendants pleaded not guilty for their clients. Those men, Brandon Banks and Jaborian "Tip" McKenzie, have not yet gone to trial.

Attorneys for Vandenburg and Batey did not enter pleas, saying they received the indictments at the last-minute and needed to review them.

"It's not uncommon to reserve entry of a plea until you have an opportunity to review the indictment," said Troy Bowlin, one of Vandenburg's attorneys.

Worrick Robinson, Batey's attorney, said his team will review transcripts of the first trial to help prepare for the second.

The hearing revealed details of how the case might proceed:

» Robinson said he was considering a motion to change the trial venue. A previous request to do so was denied.

» He also asked for three to four weeks for the second trial, citing need for more time for jury selection. It took 12 days last time.

» Vandenburg's two new attorneys, Bowlin and Randall Reagan, asked for time to review the case file, saying they were starting fresh on the case. Thurman said another attorney, Albert Perez Jr., had been involved since before charges were filed and has all the relevant documents.

Of the four men accused in the case, only Batey — who lives in Nashville — appeared in court with his family Wednesday.

The victim was 21 when, according to testimony at the first trial, Batey sexually assaulted her in Vandenburg's dorm room on June 23, 2013. McKenzie testified during the first trial that Vandenburg encouraged the rape, but did not physically participate.

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