Judge agrees to delay Vanderbilt rape case trial until March, April

Brandon Vandenburg and Cory Batey were found guilty of aggravated rape in January. That verdict was thrown out when a mistrial was declared over juror misconduct.

NASHVILLE, Tenn. (WKRN) – A motion status hearing was held Monday as a judge agreed to delay a second rape trial for two former Vanderbilt football players until March or April.

Previous story: Vanderbilt rape retrial will include Chattanooga jury

During the hearing, Judge Monte Watkins denied a request by the defense to dismiss a superseding indictment against Cory Batey and Brandon Vandenburg that was handed down in July after a mistrial.

He did, however, agree to delay the trial until March or April of next year citing possible juror issues around the holiday season and winter weather.

The judge denied a request to separate the trial, as lawyers for both men sought to have the men tried separately.

The defense later asked for additional testing of evidence, such as the victim’s vomit and underwear, to see if there is any presence of drugs, which has yet to be done. The state claimed it was a delay tactic.

They are also asking for a written jury questionnaire to be used in jury selection, due to juror misconduct in the original trial. Both the prosecution and defense want to make sure all potential jurors are comfortable in answering questions truthfully.

Defense attorneys additionally requested multiple criminal charges be combined into one.

Because of the high profile nature of the case and pretrial publicity, jurors will be chosen from Chattanooga for the trial, which is expected to last for two weeks.

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