Vandy rape trial for 2 ex-football players to begin
NASHVILLE, Tenn. — Despite all of the national attention on Monday, the opening day in the trial of two former Vanderbilt University football players accused of rape, some people are looking back a couple decades.
On Oct. 3, 1995, a California jury found O.J. Simpson not guilty of murdering his wife.
The trial was a game-changing event, said Kathy Walsh, executive director of the Tennessee Coalition to End Domestic and Sexual Violence. TV cameras were glued to Simpson and the courtroom, sending the trial live to millions of households.
"That brought about a greater awareness to domestic violence," Walsh said. "A lot of things started happening as a result of that."
The Vanderbilt case and several other high-profile incidents of assault — allegations against entertainment legend Bill Cosby and viral video of former NFL star Ray Rice punching his then-fiancee in an elevator, for example — could raise similar nationwide awareness, she said.
"This could be a catalyst to bring about great change within the city and the state and in the country," Walsh said.
The Vanderbilt case is set to begin Monday in a Davidson County courtroom with jury selection.
Getting to trial
Almost 19 months ago, four men allegedly carried a woman into a dorm room at Vanderbilt's Gillette Hall.
That's where police say the men raped the 21-year-old female student while she was unconscious.
Those accused of rape and other counts are: Brandon Vandenburg, now 21; Cory Batey, now 20; Brandon E. Banks, now 20; and Jaborian "Tip" McKenzie, now 20.
They were football players and underclassmen. The incident cost them their enrollments. Depending on the outcome of trial, whatever happened that night could also cost them their freedom.
While the shared case file belonging to Vandenburg and Batey contains thousands of pages of documents, those of Banks and McKenzie remain thin. Banks and McKenzie are expected to testify in their former teammates' case.
Prosecutors said Friday no plea deals have been made.
However, Deputy District Attorney Tom Thurman confirmed that agreements offering about one year of probation had been made with Miles J. Finley and Joseph D. Quinzio. They are friends of Vandenburg's from California who may have seen evidence of the rape and covered it up. Both were charged with tampering with evidence. They are also expected to testify at trial.
Judge Monte Watkins has ordered a jury pool of 100 people. That's larger than the typical pool of 60. Worrick Robinson, Batey's attorney, made the request in part because of widespread media coverage of the case that may make picking an impartial jury difficult.
In November an injury to Robinson's left shoulder resulted in a delay of trial, which is expected to last a week or two.
Whether the trial starts this week is the talk of the courthouse. Even the judge is keeping other cases scheduled for Monday morning.
As they left the courthouse after a last-minute hearing Friday morning, attorneys for Batey and Vandenburg said they were ready.
Tough conversation
Those who help victims of domestic and sexual violence say the case has been a player in bringing once-taboo issues to the public dialogue. They say it has helped spur programs to change the culture on college campuses, though there is more work to be done, and also made victims more comfortable about coming forward.
Vanderbilt officials said there were 17 reports of sexual assault on campus in the 18 months before the June 23 incident. In the 18 months since, there have been 26 reports.
In the wake of the football players' arrests, six current and former female students filed a complaint, prompting the federal government to launch an investigation into any failings of the university's sex assault response system.
The students charge that women were discouraged from going forward with reports of sexual violence, university staff failed to follow through after incidents, education efforts were lacking and help for victims was not readily available.
The investigation is ongoing, scouring for possible violations of the Clery Act and Title IX, which require universities to be responsive to sexual assault and accurately report crime statistics.
Meanwhile, demand for programs at Vanderbilt's Project SAFE Center, which was bolstered last year to assist victims of sexual assault and provide other training programs, has jumped.
"Student demand for our programs has really increased over previous years," said Cara Tuttle Bell, SAFE director. "The students are really engaged in addressing sexual violence in a way I've never seen."
Last month, students organized a forum to pinpoint ongoing issues. This year all new members of the schools' fraternities will get training through the Green Dot program, which calls on bystanders to intervene in assaults. All Commodore athletes have gone through a similar training about consent and bystander intervention.
According to court files and allegations made by prosecutors, there were many people who knew about the June 2013 rape but did not report it.
Walsh, the leader of the coalition to prevent domestic and sexual violence, said that reflects a cultural trend that must be shifted by teaching people how to intervene in a comfortable way. The Tennessee Titans, Vanderbilt and YWCA of Nashville and Middle Tennessee are making significant efforts.
"I'm hopeful, I guess, that we're at one of those tipping points," Walsh said.
"What's important is where we go from here, and that we continue to talk about it and push for those types of changes that need to occur."
Sentencing overview
Brandon Vandenburg, 21; Cory Batey, 20; Brandon Banks, 20; and Jaborian "Tip" McKenzie, 20, are each accused of five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg is also accused of tampering with evidence and unlawful photography.
• Aggravated rape is a class A felony carrying a penalty of 15 to 60 years. Aggravated sexual battery is a class B felony penalized by eight to 30 years. Unlawful photography is a class E felony with a possible prison term of one to six years. Tampering with evidence is a class C offense that carries a penalty of three to 15 years.
• Relatively few sex crimes end up at trial in Davidson County, according to statistics from the Tennessee Administrative Office of the Courts. In the 2011-12 fiscal year, only 11 such cases went to trial, resulting in nine acquittals and two guilty verdicts. An additional 128 cases were resolved before trial with plea deals.
• Across the state in 2013, aggravated sexual battery convictions led to prison sentences of an average of just more than 11 years.
• Aggravated rape and aggravated sexual battery are "100 percent" crimes, meaning anyone sentenced to the 25-year maximum would serve that time in full.