Nashville, Tennessee
video of verdict being read - down below
::warning:: graphic details follow
Two of four former football players charged in the June 23, 2013 rape of an unconscious woman have been found guilty of all charges after some three and a half hours of deliberations. Brandon Vandenburg - 21, and Cory Batey - turned 21 today, are guilty of:
Cory Batey - Count 1: aggravated rape, anal penetration with fingers
Count 2: aggravated rape, vaginal penetration with fingers
Count 3: aggravated rape, mouth penetration with penis
Count 4: aggravated rape, vaginal penetration with penis
Count 5: aggravated rape, criminal responsibility for anal penetration with water bottle by Brandon Banks
Count 6: aggravated sexual battery, contact with private areas
Count 7: aggravated sexual battery, slapping of buttocks
Brandon Vandenburg:
Count 1: aggravated rape, criminal responsibility for Batey's anal penetration with fingers
Count 2: aggravated rape, criminal responsibility for Batey's vaginal penetration with fingers
Count 3: aggravated rape, criminal responsibility for Batey's mouth penetration with penis
Count 4: attempted aggravated rape, criminal responsibility for Batey's vaginal penetration with penis
Count 5: aggravated rape, criminal responsibility for anal penetration with water bottle by Brandon Banks
Count 6: aggravated sexual battery, criminal responsibility for contact with private areas
Count 7: aggravated sexual battery, slapping of buttocks
Count 8: tampering with evidence by destruction of condoms after rape
Count 9: unlawful photography, by sending images to others
The other two, Brandon E. Banks and Jaborian "Tip" McKenzie - 20, are expected to face their fate later this year, though a plea deal wouldn't come as a surprise after this verdict.
If not for an approximately three minute video and photos taken by the perps in Vandenburg's dorm room that morning, the case may have never been proved, in my opinion, due to the lack of physical evidence. Investigators accessed the dorm room four days later, well after the cover-up was under way - finding no relevant DNA samples and two sets of fingerprints on a box of condoms. Because the victim was incapacitated, she had no idea of what had happened to her. All she knew later that day was that she was sore.
When she met with Vandenburg, the asshole she was dating at the time, later the same day, he told the victim he had taken care of her because she was out of control drunk and made a mess in his room when she vomited. She testified she was so embarrassed that she apologized to him for the bother. That led to kissing and eventual intercourse. Class act, Vandenburg. His lawyer actually used that consensual act to dismiss his clients criminal acts from only hours earlier. 'Why would she have sex with him if he'd done anything wrong?'
No, unlike some of the callers who accused the woman of "playing possum" and saying she shouldn't have drank so much, I don't feel bad about the verdict. A March date will be scheduled for sentencing.
For more, check out reporter Stacey Barchenger, who was in the courtroom and did daily updates here.
Beth Fortune, Vice Chancellor for Public Affairs had this to say:
The jury has spoken. Now it is up to the court to impose an appropriate sentence on the defendants. The conduct revealed by the evidence at trial was profoundly disturbing and utterly unacceptable.
Our heart goes out to the victim. Her testimony was forceful and brave. She has received our care and support.
Many months ago Vanderbilt found both defendants responsible for violating our sexual misconduct policy, and we quickly discharged both of them from the football team and subsequently expelled them from the university. We are confident we acted appropriately.
Since Vanderbilt first reported the incident to the Nashville police, we have given our full cooperation to law enforcement, including the District Attorney’s office. We will continue to do so.
The safety and security of our students is Vanderbilt’s top priority. Sexual violence will never be tolerated. Incidents will be investigated, victims will be supported, and perpetrators will be punished. We will also continue our comprehensive ongoing efforts to raise awareness of the importance of every Vanderbilt student intervening when another student is at risk or in distress.
The victim, who sounded strong, composed and confident while on the stand, has released a statement.
"Thank you to everyone who has supported me throughout this difficult process. I'm thankful that the criminal justice system will hold the defendants responsible for their violent crimes.
The hard work of the law enforcement officers, prosecutors and victims' advocates who dedicated so many months of their lives to this case has made justice possible. I want to especially thank detective Jason Mayo, Sgt. Mike Shreeve, Detective Chad Gish, Deputy District Attorney Tom Thurman, Assistant District Attorneys Jan Norman and Roger Moore and victims' advocates Wanda Swann, Lt. Rochelle Berrios and Teresa Sharron. You are my heroes and I am so proud of and grateful for each of you.
"I am also hopeful that the publicity this case has received will lead to a discussion of how we can end sexual violence on college campuses. Finally, I want to remind other victims of sexual violence: You are not alone. You are not to blame."