Former Vanderbilt football player again convicted of rape
Defendant Brandon Vandenburg, a former Vanderbilt football player, listens to his attorney Randall Reagan during his retrial, Monday, June 13, 2016, in Nashville, Tenn.
Defense attorneys have maintained that Vandenburg was drunk and should not be held responsible for what his teammates did.
McKenzie’s two-day testimony capped off the state’s high-profile case against Vandenburg, the second former Vanderbilt football player to be tried with the woman’s June 2013 gang rape.
The jury convicted Vandenburg of five counts of aggravated rape, two counts of aggravated sexual battery, and one count of unlawful photography. A judge later declared a mistrial after discovering the jury foreman did not disclose he was a victim of statutory rape.
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“They are not charging him with these counts of doing these things, they are trying to hold him and say he is criminally responsible for these two individuals”, said Perez during closing arguments.
The trial featured graphic videos and photos that were taken from the players’ cell phones.
Vandenburg had been convicted a year ago, but that verdict was thrown out after it was discovered a juror had not revealed that he had been a rape victim.
But prosecutors portrayed Vandenburg as a villain who betrayed a woman who trusted him by plying her with alcohol and encouraging others to violate her.
Vandenburg’s lawyers told jurors that the other players were on the woman as soon as they got her in the room.
The verdict comes amid a furor over the six month sentence a former Stanford swimmer was given for sexually assaulting an unconscious woman.
He can be seen throwing it over a surveillance camera before the other players leave.
“Mr. Vandenburg got pictures”. The detective pointed to Vandenburg as the one recording the video, because of the clothes he was wearing. He will be sentenced in July.
The day began with the defense making a motion to dismiss the case, which Judge Monte Watkins denied. One of the others, Cory Batey, was found guilty in April, and the other two – Jaborian “Tip” McKenzie and Brandon E. Banks – are awaiting trial, the report noted.
When asked if she gave consent to having sex with any of the former football players on the night of the alleged assault, she responded “absolutely not”.