NASHVILLE, Tenn. (WKRN) – Brandon Vandenburg’s lawyers have filed a motion to dismiss the latest indictments in the Vanderbilt University rape case.
The motion came just one day before Judge Monte Watkins held a status hearing.
The latest indictments came down in early July after the rape case was declared a mistrial in June.
No new charges were issued against Vandenburg or the three other men accused in the case.
The indictments were simply rewritten to clarify flaws in the legal language of the original.
Vandenburg and former teammates 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. There’s no explanation yet as to why.
Despite the motion to dismiss the new indictments, Vandenburg was not in court Friday for the status hearing. The judge did not require him to appear.
However, Batey and his lawyer Worrick Robinson both attended.
All four former teammates are accused of raping an unconscious female student inside one of Vanderbilt’s dorm rooms. The alleged rape took place in June 2013.
Batey and Vandenburg were convicted last January and booked into the Metro jail where they remained until June when a mistrial was declared due a jury member’s misconduct. The two are expected to go back to trial this November.
The other players accused, McKenzie and Banks, have yet to go to trial.