Judge sets bond for Batey, Vandenburg

NASHVILLE, Tenn. (WKRN) – Bond was set Wednesday morning for two men previously convicted of raping a female student on Vanderbilt University’s campus after a mistrial was declared Tuesday.

The judge reinstated Cory Batey’s previous bond of $350,000, but he has to wear a GPS device. Brandon Vandenburg’s bond was increased by $50,000 to $400,000, and he must also wear a GPS.

PHOTOS: Vanderbilt University rape case bond hearing

Audrey Batey, Cory’s mother, arrived to court smiling and said, “Jesus is good.”

Audrey Batey
Audrey Batey, Cory’s mother, attended the Wednesday hearing.

Davidson County Criminal Court Judge Monte Watkins began the day by going through his full docket prior to addressing the Batey and Vandenburg mistrial decision.

Batey’s defense attorney, Worrick Robinson, spoke first Monday. He addressed the court and explained why he believes Batey should be allowed bond. Vandenburg’s attorney later did the same.

The state argued that both should be considered flight risks due to the duo’s “likelihood of conviction.”

Representatives for bonding agencies attended the hearing, stating 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. His defense attorney requested bond be reduced by half due to this.

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.

When asked, a company representative said, “I would like juror number 9 to pay our fees.”

Cory Batey's defense attorney Worrick Robinson addresses court during June 24, 2015 bond hearing.
Cory Batey’s defense attorney Worrick Robinson addresses court during June 24, 2015 bond hearing.

A new trial date was not set Wednesday, but the judge did say he can move things around to accommodate the new trial.

Judge Watkins approved a mistrial in the case Tuesday afternoon.

Batey and Vandenburg were convicted in January of all charges against them in the June 2013 rape of an unconscious female student.

In the court order declaring the mistrial, the court found that jury foreman Todd Easter, or Juror No. 9, “failed” to speak the truth during the selection process in the trial.

“The defendants have a right to a fair and impartial trial, a right that was violated by Juror No. 9’s misconduct,” the order stated. “By failing to disclose being the named victim in a twenty-three count statutory rape indictment, the presumption of jury bias was met.” Click here to read the full court order.

Easter has maintained he viewed the relationship as consensual and noted his parents were the ones to file the original complaint, not himself.

Davidson County District Attorney Glenn Funk told News 2 the prosecution plans to request a new trial and noted Vandenburg and Batey do not have to be re-charged or re-indicted.

Two other former students, Brandon Banks and Jaborian “Tip” McKenzie, are accused in the case. However, their trials have yet to be set.

Click here for full coverage of the Vanderbilt rape case.

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