NASHVILLE, Tenn. (WKRN) – Cory Batey and Brandon Vandenburg bonded out of jail Wednesday following a Davidson County judge’s decision to declare a mistrial in the high-profile Vanderbilt University rape case a mistrial just a day before.
The two former football players were convicted in January of all counts against them in the 2013 rape of an unconscious female in a Vanderbilt dorm room.
Wednesday was the first time they set foot outside of a Metro court room or the jail following their conviction.
Judge Watkins reinstated Batey’s previous bond of $350,000 and required him to wear a GPS device. Read his bond order here.
Batey walked out of jail in a suit and tie carrying a Bible. He’s said to have returned to his mother’s Nashville home.
His lawyer Worrick Robinson spoke to the media on his client’s behalf, saying, “He’s not going to say anything. I think the only thing he would want to share at all would be that he’s very thankful at this point and just feels very blessed. He’s going to continue to do whatever the judge asks him to do as far as bail and bond restrictions. We are just going to move forward with preparing for the case.”
Vandenburg was released seconds after his former teammate. His bond was increased by $50,000 to $400,000, and he was also told to wear a GPS device that is to be placed within 15 days of returning to California, where he’s from. Read his bond order here.
PHOTOS: Vanderbilt University rape case
Hours before their release, Vandenburg and Batey were both dressed in orange jumpsuits as they appeared in Judge Watkins’ courtroom.
Their attorneys addressed the court and explained why their clients should be allowed bond.
The prosecution argued both should be considered flight risks due to their “likelihood of conviction” in their new trial, a date for which has yet to be set.
Bonding agencies also attended the hearing, explaining whether they would continue to conduct business with Batey and Vandenburg.
A representative for Nashville Bonding Company said they did not want Batey’s bond back with them, a statement that led his attorney to request his bond be reduced by half. The request was denied.
Another company that previously shared Batey’s bond with Nashville Bonding Company, Free At Last, said it will not charge a new premium for his bond.
A new trial date was not set Wednesday, but the judge did say he can move things around to accommodate the new one after the first was dismissed due a juror’s “misconduct.”
Jury foreman Todd Easter is accused of lying under oath during the selection process. In Judge Watkins’ order declaring the mistrial, he states:
“The defendants have a right to a fair and impartial trial, a right that was violated by Juror No. 9’s misconduct. By failing to disclose being the named victim in a twenty-three count statutory rape indictment, the presumption of jury bias was met.”
The order is referring to Easter’s past relationship with an adult man in Sumner County when he was 16 years old. His parents filed charged against the man, who was ultimately sent to prison, though Easter has maintained he viewed the relationship as consensual.
There is no word on when a new trial will be set. A status hearing will be held July 8.
DA Glenn Funk told News 2 on Tuesday neither Batey nor Vandenburg has to be re-charged or re-indicted in the case.
Two other former students, Brandon Banks and Jaborian “Tip” McKenzie, are accused in the case. However, their trials have yet to be set.