Vanderbilt rape trial, mistrial cost TN taxpayers more than $111K

• Two former Vanderbilt University football players, Brandon Vandenburg and Cory Batey, went to trial on rape charges in January.
• The trial took 12 days. In June, a mistrial was declared because of a juror impartiality issue.
• Known costs of the trial and mistrial are at least $111,000, though they may be more.
• A second trial, scheduled for Nov. 30, could cost more, legal analysts say.

The 12-day rape trial of two former Vanderbilt University football players, and the more recent mistrial in the case, cost Tennessee taxpayers more than $111,000.

That's according to an analysis of known costs compiled by The Tennessean. The second trial, scheduled for Nov. 30, could cost more, legal analysts say.

Brandon Vandenburg, 22, and Cory Batey, 21, were found guilty of aggravated rape and other charges on Jan. 27. But because the jury foreman, Todd Easter, did not disclose he was a rape victim in another case, Criminal Court Judge Monte Watkins declared a mistrial, saying the juror jeopardized the ex-players' rights to an impartial jury.

Easter's attorney, Sunny Eaton, said neither she nor Easter could comment. The Tennessean does not typically name rape victims, but is naming Easter with his attorney's permission.

The cost of the first trial and mistrial, at least $111,000, was calculated based on costs provided by multiple public agencies that were requested by The Tennessean. It includes costs to convene court each day, including staff salaries and some benefits; payments for the jury; fees for witnesses and defense experts who testified; and costs for the five-month stint the ex-players spent in jail after the trial, but before the mistrial was declared and they were released on bond.

It does not include wages for public employees who testified at the trial — such as police investigators and Tennessee Bureau of Investigation agents — because those employees do not specifically track time spent in court.

Read to the bottom of this page for a detailed breakdown of the trial costs.

Jim Todd, a Nashville attorney who analyzed the case for The Tennessean, said the second trial could cost even more.

"The big issue that’s yet to be resolved that could be costly is bringing in a jury," he said. "That’s probably the biggest expense, because the trial was so well-covered by all sorts of media, it’s going to be really hard to pick a Davidson County jury that doesn’t know these guys have already been convicted."

Worrick Robinson, Batey's attorney, said after the mistrial was declared that he will likely ask that the retrial be held elsewhere. A change of venue would mean costs for transportation and lodging for jurors, Todd said.

In addition, both Vandenburg and Batey have been declared indigent, which means taxpayers will pick up the tab for expenses like attorneys' fees, expert witnesses and court transcripts. During the first trial, only Batey had been declared indigent.

Vandenburg was declared indigent in April while he was in jail, when his attorneys argued he had no assets or income. According to evidence and testimony presented during the January trial, Batey sexually assaulted an unconscious Vanderbilt student in Vandenburg's dorm on June 23, 2013, while Vandenburg encouraged the assault. Two other former players, Brandon E. Banks and Jaborian "Tip" McKenzie, were also accused and have not yet gone to trial.

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

BY THE NUMBERS

Court: $37,786

Includes $28,435 in wage costs for a judicial secretary, court reporter, court clerk and six officers who provide security for the jury and courtroom. Includes $7,739, the salary Judge Monte Watkins earns in 12 days, and $1,612 spent on transcripts of trial proceedings.

District attorney: $33,051

Includes $14,379 for transportation and lodging for the victim and witnesses. Witnesses included Miles J. Finley and Joseph D. Quinzio, Vandenburg's friends in California who received texts and images of the rape from Vandenburg, and former victim-witness coordinator Teresa Shearon. This figure includes some pre-trial expenses; the trial-only costs were not available.

Includes $18,672 of salaries paid during trial to three attorneys who worked the case and a victim- witness coordinator who worked with the victim.

Incarceration: $28,416

Includes cost to house Batey and Vandenburg in the Criminal Justice Center after they were found guilty on Jan. 27 and until they were released because of the mistrial on June 23. Calculated using a cost of $96 per day housing, provided by the Davidson County Sheriff's Office, and 148 days incarceration time.

Defense experts: $7,620

Because Batey was declared indigent before the first trial, costs of defense experts in his case were billed to taxpayers. Two experts charged this total fee. Court administrators said they could not release further details of those expenses, citing a Tennessee Supreme Court rule that says more detailed information is not public while proceedings are ongoing.

Jury: $4,704

Fourteen jurors heard the trial, though two alternates were dismissed. Each was paid $10 a day, plus given $8 for parking and provided lunch, which is estimated at $10 per person per day.

Total: $111,577

Source: Davidson County Trial Court Administrator, Davidson County Criminal Court Clerk, Davidson County Sheriff's Office, Tennessee Administrative Office of the Courts, Davidson County District Attorney's Office.

POLICE INVESTIGATION

Three Metro Nashville Police Department detectives — Jason Mayo, Chad Gish and Sgt. Mike Shreeve — worked the case. Their salary and overtime costs for time spent investigating the rape is $24,096, according to a calculation of figures provided by the department. Though the detectives may have worked other cases during the time, most of their work was dedicated to this case.

Detectives Mayo and Gish went to California for five days in July 2013, where they collected evidence Vandenburg sent to friends, at a total cost of $4,938.

Source: Salary and trip expenditures provided by Metro Nashville Police Department.