Brandon Vandenburg guilty on all counts in Vanderbilt rape retrial

[AndaliteBandit]

He had a second trial after a juror from the first trial had failed to disclose that he had been a victim of statutory rape.

http://www.tennessean.com/story/news...burg/86052710/

The jury heard for the first time from Miles Finley and Joseph Quinzio, two California men who were close friends with defendant Brandon Vandenburg in the summer of 2013. Both Finley and Quinzio have been charged with tampering with evidence in connection to this case.

Both allege that Vandenburg sent them videos and texts the night of the alleged rape. Quinzio described those videos as "horrific" and "surprising."

Finley testified that he texted Vandenburg to "delete that s***" from his phone, among other graphic messages, including one that said, "Don't let her wake up." Finley maintained that he wasn't giving Vandenburg any directions and that he was joking in some of the messages.

Both Finley and Quinzio said Vandenburg destroyed their phones when he came to California in July. Quinzio said Vandenburg bought him a new phone.

Quinzio testified that Vandenburg also tried deleting software on Quinzio's laptop, which failed. The laptop was later seized by police.

http://www.wsmv.com/story/27905230/f...ilt-rape-trial

Metro police digital forensic investigator Chad Gish told jurors how he “extracted” what were thought to be deleted pictures from three of the four defendants’ cellphones before narrating the contents of each image.

According to Officer Gish, there was a 42-second clip on Vandenburg’s iPhone that showed the alleged victim lying face down with her skirt pulled above her waist.

Gish said the video showed the victim being sexually assaulted with a water bottle.

He also testified that Vandenburg conducted Google searches on whether or not police can retrieve deleted pictures.

During his testimony, Officer Gish also detailed Batey’s role in some of the pictures.

He described Batey as being nearly undressed while “basically sitting” on the victim’s face, who was lying on the floor in Vandenburg’s dorm room he shared with Mack Priorleu.

http://wkrn.com/2015/01/16/metro-sex...lt-rape-trial/

Jaborian "Tip" McKenzie, one of the four men charged, admitted in court Tuesday that he made a pact with the three other defendants to lie and cover up the alleged assault.

McKenzie said he had never met Vandenburg until the night of the alleged rape and that it was a chance meeting.

He said Vandenburg told him there was a girl inside a vehicle in Gillette Circle who was passed out and that Vandenburg asked for help taking her to his dorm room.

McKenzie said when he arrived in Room 213, the woman was "passed out" on the floor.

According to McKenzie's testimony, Vandenburg passed out condoms to everyone in the room. He later testified that Vandenburg flushed those condoms down a toilet.

The videos of the alleged assault were played in court. McKenzie repeatedly looked away as they were played.

When the state asked why McKenzie was seen laughing on surveillance video, he replied, "At the time, it was funny." He said he did not think the events of that night were funny when he looked back on them.

http://www.wsmv.com/story/27894552/f...ilt-rape-trial

The alleged victim said Vandenburg texted her several times in the afternoon on June 23 and asked to come over. She eventually went to his dorm room, where she said they talked for about an hour. During that conversation, she said Vandenburg told her she got sick the night before and that he took care of her, describing it as "horrible."

She said she recalled feeling embarrassed about this and apologized to him. During this time, she said Vandenburg started kissing her and they had sex for "a few seconds," which "surprised" and "confused" her.

The woman said she did not see Vandenburg again until they were in court.

She said her main concern in the days immediately following the alleged rape was to protect Vandenburg, but this was before she found out about what had reportedly happened.

After a few days, rumors began to swirl across the campus. She texted Vandenburg asking if he was OK.

"... I feel like I'm getting blamed for stuff that didn't even happen. I just want to cry," which is what he said via text message, according to the alleged victim.

The woman testified that Vandenburg indicated he and his teammates were going to get kicked off the team if something didn't change.

She said she texted Vandenburg, saying, "I don't want anyone to get in trouble because of me."

The woman said she was reluctant to get a medical exam at first because, "I was afraid he (Vandenburg) would get mad at me." She did get a medical exam on June 26.

http://www.wsmv.com/story/27915916/a...otball-players

Detectives said one of the worst things they've ever had to do after retrieving deleted photos and videos was to let the victim know what happened to her.

"I had to tell her that she was raped. She didn't know," said Det. Jason Mayo. "She was awestruck, and then she broke down for a few minutes."

After seeing the video of the rape, detectives assured the victim they would get justice for her.

"She could not understand why it was so funny," Mayo said. "She could not understand why they were laughing at her while they were raping her."

http://www.wsmv.com/story/27966170/d...pe-case-a-hero

Assistant District Attorney Jan Norman began the state's closing argument by going through each count in the indictment, discussing the proof she said the state has provided.

Batey and Vandenburg are each charged with five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg is facing additional charges for tampering with evidence and unlawful photography.

While Batey is listed as the principal offender, Norman stressed that Vandenburg as just as guilty and participated throughout by "directing" and instructing the others.

"He didn't put her in bed. He wasn't trying to take care of her," said Norman of Vandenburg. "You know that he put her on that floor."

http://www.wsmv.com/story/27940329/d...ted-to-testify

[Stacyrect]

Heres hoping he's conscious as a bunch of dudes pass condoms around the room before shoving a water bottle up his but and worse

[chazus]

There ought to be some kind of clause about crimes (both like this, and otherwise), when the perpetrator finds humor in the act.

Committing a crime out of need or greed (theft) is bad. Committing a crime out of anger is worse. Committing one because it's 'fun' or 'humorous' or having fun whilst committing a crime... That should land you a few extra years.

[Spectral]

I'm trying to remember - is this that weird story where the white kid at Vanderbilt tried to be the cool guy on the team by bringing a girl over for his buddies?

"I had to tell her that she was raped. She didn't know," said Det. Jason Mayo. "She was awestruck, and then she broke down for a few minutes."

Well, sounds like you're a real fuckin' here there Detective. It sure would have been awful if that woman had walked around never knowing that she was raped. Making sure she felt the trauma deeply instead of being ignorant of it is a real public service.

[Sam the Wiser]

He's innocence and should be paid millions for this injustice.

[Spectral]

OK found the full story here. It is indeed the weird story that I remembered.

On a Saturday in June, Vandenburg, a high-profile transfer to the school’s football team (ESPN pegged him as the top junior college tight end in the country), went out with a 21-year-old student from Oklahoma whom he had been casually dating. The two went to Tin Roof, a bar in a string of local college nightspots near the city’s Music Row. The 6’6”, 260-pound Vandenburg, who transferred from College of the Desert in California’s Coachella Valley, drove the pair to the bar in the woman’s vehicle. Sometime on the way back to campus, apparently, the woman passed out.

Vandenburg and the victim are white. The three other players are black. One attorney who has seen all the evidence in the case said the video footage has “a strong racial component” that goes beyond the mere fact of the skin colors of the individuals involved, but would not elaborate on specific details.

Piecing things together from this story with the above:

McKenzie said Vandenburg watched porn on his laptop and touched himself trying to get an erection. He said Vandenburg tried to wake up his roommate, saying “we have this b---- in here.” After Batey began touching the woman, “he said we’re gonna f--- her,” McKenzie said.

McKenzie identified Vandenburg’s voice on a video of what happened in the dorm, which the jury saw for a second time Thursday. He said Vandenburg told another man, who had put a water bottle inside the woman’s anus, to “squeeze that sh--, squeeze that sh--.”

McKenzie also explained why he and others were seen laughing in surveillance video the jury saw earlier this week.

“That the only white guy in the room would come up with the brilliant idea to put the towel over his face and cover the camera,” McKenzie said.

Even by the standards of rapists, Vandenburg is a fuckin' creep.

[Endus]

Well, sounds like you're a real fuckin' here there Detective. It sure would have been awful if that woman had walked around never knowing that she was raped. Making sure she felt the trauma deeply instead of being ignorant of it is a real public service.

Yeah, lying to her and helping her rapists cover up the crime is totally what the cop should've done.

Are you freaking serious?

[Spectral]

Yeah, lying to her and helping her rapists cover up the crime is totally what the cop should've done.

Are you freaking serious?

Given the video evidence, it seems like it would have been feasible to prosecute the rapists without traumatizing the victim.

[Self Inflicted Wounds]

Yeah, lying to her and helping her rapists cover up the crime is totally what the cop should've done.

Are you freaking serious?

Would you rather know you were raped?

[Endus]

Given the video evidence, it seems like it would have been feasible to prosecute the rapists without traumatizing the victim.

She has a right to know that she was victimized, dude. She wasn't "traumatized" by the cop. Any trauma was due to the fact that she was raped.

And no; you really can't do this kind of prosecution without the victim knowing she was raped. She's gonna get called as a witness, by either the prosecution or the defense, because her consent or lack thereof is a critical factor to the case.

[Kalis]

Given the video evidence, it seems like it would have been feasible to prosecute the rapists without traumatizing the victim.

It might be impossible to secure a conviction, as he could just claim they were messing about and you would not be able to call her as a witness to say otherwise.

[Endus]

Would you rather know you were raped?

Rather than have the cops conceal that?

Absolutely.

[Spectral]

It might be impossible to secure a conviction, as he could just claim they were messing about and you would not be able to call her as a witness to say otherwise.

My understanding is that she's plainly unconscious and plainly being assaulted in the video/image evidence. I'm not particularly attached to this position, so I'm not going to defend it at length, but it sure doesn't seem like a great idea to create emotional suffering for someone that would (apparently) have otherwise been none the wiser.

[Self Inflicted Wounds]

Rather than have the cops conceal that?

Absolutely.

Well I didn't necessarily mention concealing the crime.

[Snuke]

Really unhappy with that quote from the Detective.

She was awestruck.

No, she was dumbstruck. As in, she was so shocked she couldn't speak.

[Kalis]

My understanding is that she's plainly unconscious and plainly being assaulted in the video/image evidence. I'm not particularly attached to this position, so I'm not going to defend it at length, but it sure doesn't seem like a great idea to create emotional suffering for someone that would (apparently) have otherwise been none the wiser.

If you can not ask the person if she consented, then how can you get a conviction for sex without consent? All he would have to do is say she was pretending to be unconscious and bang goes the prosecution case.

[lazypeon100]

Yeah, lying to her and helping her rapists cover up the crime is totally what the cop should've done.

Are you freaking serious?

I mean, she has a right to know but I don't blame Spectral for his view point. All telling her has done has caused immense pain that can't be taken back. /shrug.

Either way, this dude is a massive douche and should be in prison for many years.

[Serpha]

So the "boyfriend" lets some dude sit on her face, next day he is eating her face out? Seems like he's a cuck, he will have time of his life in prison.

[Rukh]

I mean, she has a right to know but I don't blame Spectral for his view point. All telling her has done has caused immense pain that can't be taken back. /shrug.

Either way, this dude is a massive douche and should be in prison for many years.

You know what caused her immense pain? She got raped. These people shouldn't have raped her.

[GennGreymane]

Given the video evidence, it seems like it would have been feasible to prosecute the rapists without traumatizing the victim.

Well... then you cant really have a trial.....