NASHVILLE, Tenn. (AP) — A jury has convicted two ex-Vanderbilt football players of raping a former student inside a dorm room.
The jury deliberated for about three hours before finding Brandon Vandenburg and Cory Batey guilty. They face decades in prison.
Prosecutors say Vandenburg brought an unconscious 21-year-old woman he had been seeing back to his dorm room after a night of drinking in 2013 and the assault occurred as he took pictures.
Defense attorneys say Vandenburg took “deplorable” photos but did not take part in the assault. Batey testified that he was so drunk he didn’t remember what happened until he later saw cellphone photos and video.
The alleged victim testified she didn’t remember the alleged assault.
Two other former players are facing charges. Their trials have not been set.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.
Two former Vanderbilt football players accused in the rape of a woman in a dorm room believed they were entitled athletes who could “get away with anything,” prosecutors said Tuesday.
Defense attorneys countered that the teammates were extremely drunk on the night of the alleged assault, and blamed a college culture of binge drinking and promiscuous sex.
Jurors started deliberating Tuesday about 2:30 p.m. EST.
Brandon Vandenburg and Cory Batey are each charged with five counts of aggravated rape and two counts of aggravated sexual battery. If convicted, they could face dozens of years in prison.
During closing arguments, Deputy District Attorney Tom Thurman told jurors that the college culture argument was a “red herring” and that the athletes thought the law didn’t apply to them.
“That’s the culture that you really saw here . their mindset that they can get away with anything,” Thurman said.
Earlier, one of the defense attorneys conceded that Vandenburg took “deplorable” photos, but shouldn’t be convicted of rape because he didn’t take part in it.
“He took photographs that he never should have taken,” Vandenburg attorney Fletcher Long said.
Prosecutors say Vandenburg encouraged three of his teammates to have sex with the unconscious 21-year-old woman in June 2013 and didn’t participate because he couldn’t perform.
Batey testified Monday that he was so drunk he didn’t remember what happened that night in Vandenburg’s dorm room until he later saw cellphone images on his phone.
“I was just drunk out of my mind,” Batey said. “This is something I would never do in my right state of mind. I’m just sorry.”
The woman, who earlier testified that she didn’t remember anything that night, was crying as Batey was on the stand and appeared to be vomiting at one point.
Two other players were also accused in the rape. They have pleaded not guilty. Their trial dates have not been set.
Vandenburg and Batey are on trial together, but represented by different attorneys. Batey’s defense said the photos and videos don’t actually show him having sex with the woman and one of his lawyers blamed a college culture so accepting of binge drinking that many people saw the unconscious woman that night but did nothing to help.
The woman testified that Vandenburg plied her with alcohol at a Nashville night spot and the last thing she remembers is waking up alone in a strange dorm room and feeling sick. She said she still has no memory of what happened.
Police officers who testified said they didn’t find evidence of body fluids on the dorm room floor that would indicate a sexual assault, but they did not go to the dorm room until four days later.
Throughout the trial, jurors have seen graphic images and videos recovered from cellphones and a laptop. Prosecutors said that players took pictures of the assault and that one sent videos to his friends as it was happening.
Jaborian “Tip” McKenzie, who is also charged, testified that Vandenburg was “amped” and coaching the players. McKenzie testified that he did not touch the woman himself but took pictures.
A trial date for McKenzie and Brandon Banks, the fourth player accused, has not been set.
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