Jury hears about recovered cellphone video in Vanderbilt rape case

Photo: WKRN

NASHVILLE, Tenn. (WKRN) – The jury in the high-profile Vanderbilt rape case against Cory Batey heard about cellphone video as the trial entered its third day Wednesday.

While on the stand, Metro police Digital Forensic Expert Chad Gish told jurors how pictures allegedly taken by suspect Brandon Vandenburg ended up on the laptop of one of his friend’s in California.

MORE: Complete coverage of Vanderbilt rape case

Gish testified that the images were recorded the night of the alleged rape involving four former Vanderbilt football players, including Cory Batey, and an unconscious student.

He also described pictures where Batey is mentioned. The jury also heard laughing from the suspects on the video.

Cory Batey (Photo: WKRN)
Cory Batey (Photo: WKRN)

“This is the victim lying on the floor of the dorm room we see Cory Batey’s hand there, you saw him in his shirt earlier. She is passed out and not twitching. In fact, you saw his right hand and his finger inserted into her,” Gish said.

Gish read text messages recovered from Batey’s phone just days after the alleged rape.

“I am about to get kicked off [the] team bro. I am [censored] my life up,” Batey said in a text message. “They are trying to say we raped this [censored] Saturday night. We helped a friend carry her to his room because he was drunk too.”

Jaborian “Tip” McKenzie also took the stand Wednesday. He often dropped his head as he testified against his former Vanderbilt football teammate.

McKenzie, Batey, Brandon Banks, and Brandon Vandenburg are all charged in the alleged rape of the Vandenburg’s unconscious girlfriend inside a school dorm in 2013.

Jaborian "Tip" McKenzie (Photo: WKRN)
Jaborian “Tip” McKenzie (Photo: WKRN)

 

In court, McKenzie had to watch and listen to the video where he is shown in the dorm room.

Batey’s second trial began in Nashville this week after it was determined he would be tried separately from co-defendant Vandenburg.

Both men were previously convicted of the crime in 2015, but the judge ultimately declared a mistrial when it became known a member of the jury had not disclosed he was the victim of a prior sexual assault.

Batey faces five counts of aggravated rape and two counts of aggravated sexual battery.

 

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