New indictment handed down in Vanderbilt University rape case

Vanderbilt rape case
From L to R: Brandon Vandenburg, Cory Batey, Jaboran "Tip" McKenzie, Brandon Banks

NASHVILLE, Tenn. (WKRN) – A new indictment was handed down Monday after the Vanderbilt University rape case was declared a mistrial in late June by Judge Monte Watkins.

No new charges were issued against any of the four former football players accused in the June 2013 rape of an unconscious female student. Monday’s indictment was rewritten to clarify flaws in the legal language of the original indictment.

Brandon Vandenburg, Cory Batey, Jaborian “Tip” McKenzie and Brandon Banks all face the same initial charges of five counts of aggravated rape and two counts of aggravated sexual battery, and Vandenburg faces one additional count of unlawful photography.

The new indictments exclude a charge against Vandenburg handed down in the original 2013 indictment of tampering with evidence. It wasn’t immediately clear why this charge is no longer being held against him.

The state’s superseding indictment means all four will need to be formally arraigned again, which will take place Wednesday morning. None of the men are required to be there for the proceeding.

News 2 also learned a trial date for Batey and Vandenburg will be set Wednesday.

Both men were released from the Metro jail where they’d been since their January conviction prior to the mistrial, Batey on $350,000 bond and Vandenburg on $400,000.

Click here for complete coverage on the Vanderbilt University rape case.

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