NASHVILLE, Tenn. (WKRN) – A judge ruled Tuesday that the second Vanderbilt rape trial will go on as planned Monday for Cory Batey.
His lawyers sought to postpone the upcoming trial after a decision was made Monday to separate the trials for Batey and his former co-defendant Brandon Vandenburg, who were tried together the first time in January 2015.
Vandenburg’s trial, though, has been postponed due to a medical condition regarding one of his lawyers. Details on that condition weren’t released.
Both men face the same charges of five counts of aggravated rape and two counts of aggravated sexual battery, with Vandenburg facing one additional count of unlawful photography.
During Tuesday’s hearing, Judge Monte Watkins, who presides over the case, said jury selection will go on as planned Wednesday in Chattanooga. The chosen jurors will then be brought to Nashville and sequestered ahead of Batey’s April 4 trial date.
Tim Townsend, Trial Court Administrator, told News 2 a rough estimate to select and bring a jury from Chattanooga to Nashville for the trial, based on a two-week time period, is around $73,698. However, that number is for a combined trial. Since they are now separated, that estimate will likely be doubled.
Also Tuesday, Batey’s lawyer Worrick Robinson said he had worked and prepared for a double trial, but now that they’re separated he will need to rethink his strategy.
Vandenburg and Batey have been out of jail since a judge issued a mistrial in their 2015 rape convictions due to juror misconduct.
Both former Vanderbilt football players were previously convicted of all charges against them, including multiple counts of aggravated rape for the alleged June 2013 rape.
Two others accused in the case, Jaborian “Tip” McKenzie and Brandon Banks, have yet to go to trail. They also face five counts of aggravated rape and two counts of aggravated sexual battery.