Second mistrial motion filed in Vanderbilt rape case

Attorneys for Cory Batey have filed a motion seeking a mistrial in the Vanderbilt University rape case, a move that was expected after a co-defendant took the same step last week.

Batey and Brandon Vandenburg, both 21 and former football players, were convicted of aggravated rape and other counts after a more than two-week trial in January. A jury heard evidence that Batey raped an unconscious student in a dorm in June 2013 while Vandenburg encouraged the act and was criminally responsible.

After the trial, defense attorneys said they discovered one juror did not disclose during questioning that he was a victim of rape and thus could not have been unbiased in considering the case.

Attorney Worrick Robinson represented Batey at trial and filed the motion asking for a mistrial on Tuesday because of the juror issue.

His motion quotes from a court transcript of the jury selection process:

"Have you ever had anyone that you know that was the recipient of an unwanted touching, or sexual assault?" Robinson asked the juror during the initial screening.

"No one super close to me," the juror replied. "No sir."

Robinson said in the motion that is one of many times the juror should have spoken up and identified himself as a rape victim.

Last week, attorneys for Vandenburg filed a motion for mistrial because of the same issue.

No court date to hear the mistrial requests has been set. Batey and Vandenburg are in custody and are next expected in court on June 15, a date originally scheduled for sentencing.

Two other former football players were also accused of rape. Cases against those men, Brandon E. Banks and Jaborian "Tip" McKenzie, are pending.

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