Vanderbilt – Vandenburg – Cory Batey Retrial: The Malpractice continues!

Cory Batey - Vandenburg Rape Trial - CourtChatter

Cory Batey – Vandenburg Rape Trial – CourtChatter

Update:  Corey is Guilty of most of the charges and is hoping for “relief” on appeal.

Update:  Initially, representatives for the victim said she chose not to comment.

(Thanks to an alert from long-time reader, Christopher Lomen,) that changed.

Statement from the victim

“I am deeply disappointed with the jury’s verdict.

But this result is not the first injustice I have endured in this process.

Last year, the defendants received a fair trial. If the law required a new trial due to a juror’s dishonesty that did not impact deliberations, the law should change, and the juror should face consequences.

So, too, must protections for victims improve. For three years, defense counsel have broken rules, flouted the Court’s orders, and harassed me with impunity.

As a result, the jury failed to apply the law to the facts of the case for four of the seven charged offenses. Although the potential sentence may be the same, the result is no less unjust.

Despite the hard work of the exemplary prosecutors who’ve worked tirelessly on this case, I can only conclude that our system of justice is broken.

I deserved better. Victims of sexual assault deserve better. Our community deserves better.”

The convictions are listed below.  However, before continuing – considering how other colleges respond to sexual assaults on campus, minus Coach Franklin’s conduct, Vanderbilt’s response was nothing short of awesome.

Vanderbilt-Batey Verdict

Cory Batey – convictions – starting point is 15 yrs – 25 years.

This is a story about a 32 minute, vicious rape.

This is a story of a prolonged attack of an unconscious women. 

A woman Cory Batey had ever seen before.

An attack so vicious, it involved fingers, a penis, (perhaps more than one) a bottle and red hand prints left on the victim’s bottom from repeated slapping, urination, and naked-butt plants on the victim’s face.  The first trial mentioned a racial component afterward from Batey.  That did not make it into the second trial. 

But make no mistake, although this is a story of an attack so vicious, it is also  one of entertainment. The defendants in the case were all Vanderbilt University football players; and woman’s date, an honor student, from a Christian Prep School, Brandon Vandenberg.  Who essentially served his unconscious date up, to a pack of animals.

That’s a turn of phrase. My apologies to animals. Animals don’t attack for sport, and don’t deserve the comparison.  But these are football players and for them, women are “sport.”  DA Thurman referred to them as being like a “pack of wolves.”

This could be why Vanderbilt’s football coach James Franklin, very quickly blew town.

Vandenburg - Twitter original

Brandon wrote Praise God! IAMSECOND (first) and #GODFIRST (second)

The was attack, entertainment –  for which Vanderbilt Football players were charged;  only Cory Batey, never left the room.  

The entire time of the attack.

The rest of the pack were in and out – stopping back in the room to see the latest. 

The vicious attack was also filmed.  Still-shots were taken. Texts were sent.  

And still, the defense stuck with the exact same defense that didn’t work the first time.  “Devil alcohol.”

Who hired these people?

The Batey family has been conned.  If Ms. Batey shelled out money, or put her house up as collateral, the attorneys need to return it to her immediately.  But that’s another subject. 

Watching the “live” testimony  – it was easy to conclude short version is the newest member of the defense team Courtney Teasley, is simple. Given Teasley was not merely inept, I could have saved myself some time and re-purposed my first reporting of the “Guilty” verdict.  “The verdict is in:  is it too soon to mention Legal Malpractice.”

Sidebar

Beginning with the Court: someone needs to hit the courtroom chairs with a BIG dose of WD 40WD-40.  Whole lotta squeaking going on!  Those microphones pick up every chair move, every person nervously rocking, and every little squeak!  

Now; lets get serious

Update:  Teasley has been on the case for three weeks.  Teasley said Cory felt bullied.  Which is a BIZARRE verb choice considering his actions.  Teasley is still saying, “They both had blackouts” So they’re sticking to the loser defense.  Cory was whining, “How come I had to go first” instead of Vandenburg.  I dunno.  Maybe because he assaulted the woman first?

Teasley’s appearance was unprofessional in form and substance.

Courtney Teasley rebuked by court in Vanderbilt Trial

Will get to her actions later.  First, form. 

Courtney Teasley - Criminal defense and bad modeling

Courtney Teasley – practices Criminal defense and bad modeling

Defendants are owed a professional appearance in court.  Do not appear unless dressed in a suit.  Including when pregnant, as Teasley is. 

Because, maternity suits are available.  

Now, substance.

From the onset Teasley repeatedly lost exhibits. She took forever to form questions.  

She was utterly tone-deaf her forceful questioning of the victim, (who remained composed) was annoying others.

Teasley eventually and more than once, appeared to annoy Judge Monte Watkins.

Judge Watkins is widely reported as the fairest judge around by court workers.

Judge Monte Watkins

Judge Monte Watkins

The Defense has learned one thing.  The many ways to tick off a judge.  (Later on, during a call-in show, one man said he’d seen Teasley in court before.  He was shocked when she referred to the judge as “My Heavenly Father.”  (The caller said at first the court was so  shocked no one said anything.  The caller observed thought Teasley needed much in the way of slowing her roll.)

The victim’s story was unshaken. The testimony of the victim’s friend, was also good.

Jurors would not learn Cory had also peed on cars in addition to the woman.  They did learn Cory had a prior assault with a student and that he had a drug and weed problem.

So someone might want to ask Ms. Batey why Teasley was added to this team of losers. Or why the defense clung to the exact same losing defense as before.  About the only thing I can say about the new/old team is from the first trial to now, and unlike the first trial; not a single team member has been disbarred for extorting a client!

Fletcher Long - Carrie Gasaway - Sentenced for Extortion

And then the Crazy started  

Would Cory testify?  As stated earlier, in cases with mounds of evidence, which the Defendants so helpfully documented; unless one has hired a medical expert to testify one suffered a complete break from reality, testifying in one’s own defense, is crazy.

And then the crazy started.

Vanderbilt Trial - Judge Watkins deals with Corey Batey

and then…. more drama

Judge Watkins is not having it

Perhaps because throughout the disaster of the first trial, the leaked videos to ABC’s 20/20  the disaster of the Dr. Phil program….we’ll only know later.  But Cory testified.

Cory Batey on the stand - just after testifying being suspended from Vanderbilt team

Cory Batey on the stand – just after testifying being suspended from Vanderbilt football team

Cory testified: “I was confused and distraught” after viewing the pictures.  He also claimed he deleted them without question.  Said he wasn’t curious.  Just confused.

Teasley got Cory’s veracity in trouble more than once, asking questions like, “Why did you ask ‘Is it still good’ referring to the story Cory and his Vanderbilt teammates cooked up to save their scholarships and eventual careers.  The take-away for me was –

“It was immediately apparent Cory Batey exhibited not a single act of caring or remorse for the woman he and his teammates, spent thirty minutes viciously and delightedly; attacking.  It was also clear Cory was consumed with fabricating a plan to remain on the team.”

Teasley had an annoying way of beginning each question with a loud, “ANNNNND,” or “NOWWW”  and end acknowledge each response with a  friendly or curt, (depending)  “Okay” instead of a professional, “thank you.”

However, unlike the last go-around; at least none of the attorneys are chewing gum.

Cory on the stand

Cory Batey was a disaster.  He alternated between “Never been that drunk before,”  and “I was confused” and tossing blame in other directions.  (It came out later, that Cory has a prior student assault on his record.)  

Teasley wasted a lot of time between questions, before losing track of her exhibits.  (Exhibit 40.)  Teasley apologized to the court, “I thought I had it”  “I don’t have mine” and “I don’t know where it is.”  

Can’t figure out if this is a deliberate set up of “ineffectiveness of counsel” or straight up, unprepared.

Cory explains he was raised better and would never refer to women as “Bitch,” then tried to refer to the first two rows of women there to support him.  That annoyed Judge Watkins too.  Said he was raised with women and they wouldn’t allow that kind of talk.

Teasley became confused and brought up meeting with Student Conduct.  She apologizes and asks Cory about getting kicked off of the team.  (Suspended until further notice.)

Continuing to dig his own grave, Cory testified  he told the police detective, “The story we had formulated.”

Teasley spent some time messing around and then asks for a bathroom break.

Cory Batey answered “Yes” to the question, “Do you take responsibility of drinking too much.”  He then testified he didn’t know Brandon.  Later on Cory was shown to have lied.

Teasley attempted to ask a series of questions, but wound up getting defensed by the DA and annoying Judge Watkins.  Again.  Teasley made a twofer!  In fairness, am sure Teasley’s had better days. But since today was terrible work,  I just hope she hasn’t had worse.

The State – it’s a wrap

JanNormanJan Norman was wonderful.  The emotion in her voice was real – but she kept her demeanor cool.  The contrast between Norman and Teasley was striking.

Defense: closing arguments

Teasley said: “What happened to her is not right – but it’s not rape. We know that.”

“Do not be deterred by the overwhelming evidence that was put through to you.”

DA Thurman on Courtney Teasley's defense

DA Thurman had a great close.  Reporters will show it later.

DA Thurman at close of Cory Batey's trial

After the close it was clear reality finally hit Cory Batey.

Cory Batey after the DAs final argument

Cory Batey after the DAs final argument – he soon began crying, looking at his mother.

Corey is waiting outside with his mother. Holding her hand.

The victim is waiting downstairs.  She’s been waiting a long time.

 

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About bonnie russell

It's not about me....but working with and sometimes against attorneys, I *do* find interesting people doing interesting things.
This entry was posted in Journalism, Law, Media, misogyny, Nashville Judges, Rape, Social Media, Update - crime story, Vanderbilt University Sex crimes and tagged , , , . Bookmark the permalink.

35 Responses to Vanderbilt – Vandenburg – Cory Batey Retrial: The Malpractice continues!

  1. Bb says:

    Was there ever a plea deal on the table before this went to trial?

    Like

  2. newprude says:

    FINALLY!!! All this hoopla from the first trial just prolonged the inevitable. That defense / or lack there of did him in twice.

    Like

  3. Realist says:

    Thanks for details not covered by major media.

    Like

  4. Bb says:

    Great commentary Bonnie. One thing I sort of disagree on though is I don’t think Courtney Teasley was as bad as you and others seem to think. I mean there really was no valid defense, so I think they did all they could to try to mitigate things a bit. What else could they really do considering the evidence? Wondering if/how this may impact American Psycho, I mean Brandon Vandenburg’s, case?

    Like

    • Yes – exactly! There was no valid defense, but that’s exactly what “medical experts” are for! : )

      Remember the “Affluenza Defense” for Ethan Couch? Ethan was the Texas teen who, while blind freakin’ drunk, jumped in his Truck and mowed down four people, killing them, and paralyzed-for-life, a fifth.

      But Ethan’s parents hired great counsel. Great counsel, who, in turn hired G. Dick Miller, a psychologist, who testified in court that Ethan was a product of affluent, permissive parenting and couldn’t possibly understand the ramifications of his parents permissive parenting.

      The upshot? The judge bought it. Ethan couldn’t be responsible for having affluent but idiotic parents. Probation!

      Why didn’t that pitiful crew go for that? Maybe because Judge Watkins is too smart? I don’t know, but what I do know is the defense was pathetic.

      Like

  5. Bb says:

    Yeah I see what you’re saying….that a better counsel might have come up with some better experts that could have tried to explain Batey’s behavior as some sort of psychological condition or phenomenon.

    Anyway, Looks like they will appeal either by saying they didn’t have enough time to prepare after the Vandenburg severance or that the jury was kept too long on the last day. I don’t think they’ll win on either of those grounds.

    I was trying to find more about the plea deal question. I found one article that the minimum the prosecutors might have agreed to was 15 years, but the defense felt that was too long so there really wasn’t much negotiation or discussion in the matter. That might explain why someone said the ex girlfriend said there was a deal on the table.

    It’s rather amazing that Batey and his defense thought they could actually win this case.

    Now I’m just hoping Vandenburg gets the max.

    Like

    • Well, in my article after the first verdict, (which was not the first time I wrote about the case) I wrote:
      ‘Wow! Sure hope those retainer agreements included the appellate process!’

      Part of the reason people become attorneys is love of the law. Also, no one objects to earning a good living. Also, in order to get the best result attorneys must offer hope along with reality.

      Sometimes hope is offered where none exists. I think Batey fooled himself though. Once he realized he was going to be held accountable he freaked out and begin whining he felt like he was being bullied. Yeah, the guy who did a butt plant on the face of an unconscious woman, actually used the word, “Bullied.”

      As for him being a father, any woman who slept with him – who then had a baby by him, might should be checked out by CPS on the regular as she clearly displays shockingly bad judgment.

      Like

      • bb says:

        Yes about Batey fooling himself! During his 2015 trial, one of his mentors (who ate lunch with him toward the end of the trial) was quoted as saying Batey felt he had a “strong case” and he (Batey) had a positive outlook on what the outcome would be.

        Also, I think when he went into the “bullying” rant, he still felt that things like his testimony were really going to make a difference. He still thought he could beat the rap, but perhaps the reality was just starting to kick in.

        Weird he felt “bullied.” Apparently this was in regard to him finding out his case from Vandenburg was severed and he had to go to court immediately and that this would create a different defense than if he had gone to court with Vandenburg. But really he was actually lucky that he got to spend most of the past 3 years enjoying freedom.

        by the way, I have the impression Vandenburg also doesn’t get it, and thinks that he will beat the rap.

        Like

      • I am quite sure Batey felt he had a “strong” case. Mostly because Batey drinks too much, has a weed problem and then tries to wash it away by going to church and figuring he’s covered. 🙂

        As for the bullying comment from Cory and defense counsel: Sweet Holy Jesus! Our dear Lord just keeps sending us more M-O-R-E examples of malpractice of the mouth. After what that victim has endured, by Cory and defense posturing, with no justice for 3 years, that defense would allow the little whiner to use that verb, constitutes a full tone-deaf break from reality.

        But I think I’ve been clear on my feelings about the defense.

        Liked by 1 person

      • Bb says:

        I don’t disagree. Just trying to wrap my head around how these guys could do such a thing.

        Like

      • Because they are scum. Football seems to attract a lot of scum.

        Like

  6. Bonnie, You forgot to include Cory squatting over victom and covering her unconcience face with his anus in your list of attacks. Also the victom DID make a statement. She expressed despair regarding the mixed guilty verdicts and cited the unanimous guilty verdicts of the previous jury. She also called out the defense team for harrassing her and attributed the mixed guilty verdicts to said harrassments.
    Ive enjoyed your coverage since the very beginning of this ordeal.(long ago it seems) Given that Warrick Robinson and the very ghettoesque Teasly DID call a medical witness who testified to Corys being black out drunk (dubious) I am very very curious how you would have handled Corys defense. You keep saying he got terrible representation but you dont say how one could have effectivly approached it. I admire you would like you to explain what a good defense would have been. Particularly facinating in a case with so much solid damning evidence!!!
    Can hardly wait for Vandenburgs turn. He must be wetting his pantties!

    Like

    • Njpjm says:

      If the defendant has the money then the thing to do is trot out a procession of expert witnesses . And attack the police procedure . Attack the system itself . Attack the victim . Make the defendant seem like a victim . Drag it out . Aggressively cross examine all prosecution witnesses . Do exactly what the Dream Team did during the OJ Simpson trial. And hire top jury selection experts well in advance . And hope you can get a jury pool of your demographic liking . That is what you can do if you have time and money on your side . A weak judge like Lance Ito is also a plus .

      Like

      • bb says:

        IMO — Good points on the procession of expert witnesses, attacking police procedure, and jury selection experts. However, I feel that they did try to make Batey a victim (that he and the victim were the drunk entertainment, that Batey was a poor kid, first to go to college, etc) and they certainly dragged it out — 3 years!

        Like

    • Thanks Christopher, and yes it does seem like a long time!

      To address your other comments – I posted shortly after the verdict in which the victim’s representatives indicated she would not make a statement. Then I went to bed. 🙂

      I’d considered the “Character Witness” Teasley called, but in that he was as unprofessional as Teasley, I just didn’t bother with him. I also thought the jury wouldn’t wasted two seconds on him. I bet it will come out, should any jurors agree to an interview, that the jury afforded him no credibility either. Especially after he blurted from the stand that his father was an alcoholic, too.

      Were I part of, Team Defense team, I would have hired the the guy who diagnosed Ethan Couch with the made up, “Affluenza Defense” for the Couch family after their punk son mowed down four people while drunk, killing them, and paralyzed a fifth for life. The judge bought it. Ethan got a ten year probation and told not to drink. Ethan blew that within the year and skipped off Mexico with his Mommy.

      While watching the trial I also wondered if Vandenburg was live-streaming. Would not be surprised if Brandon choses to wear Depends during the proceedings.

      Like

    • Thanks for your comments and will amend the piece. After following the live-streamed trial all day, which was just gross, given even listening to Cory Batey’s despicable acts, the last thing I read before posting my story, post-verdicut, was the Tennessean, which in quoting the victim’s representatives, said the victim would not be making a statement.

      While waiting for the I’d watched NC5 afterward as the jury deliberated, which had good coverage. Also, the last go-around I especially liked that Nick Beres who is unfailingly polite, finally got angry at the people who were calling in to denounce the victim.

      Nick had had enough, and I quoted him saying, “Do Not blame the victim. If you want to blame the victim, don’t call because you’re not getting on!”

      However, this time I took issue with Nick stating Cory was not a bad man, but one who had one incident of bad judgment. Or some other soft-sell nonsense…and complained about that on the Station’s Facebook website.

      But thank you Christopher for the catch! I will amend the piece shortly.

      I have another one coming up tomorrow.

      Like

      • Bonnie, you have been a hero through this ordeal. So glad you posted on FB how inane it is to say that Batey is a “Good guy who did a bad thing” BS on that. I was hopeing the DA would introduce an expert to say that alchohol makes one MORE likely to behave according to ones true nature since inhibitions are shot.
        Regarding the bombshell revelation that Vandenburgs father Rod had instructed Master Brandon to flush the condoms to beat the rap, Im still soaking it in. Its too delicious. Im sorry. I know its not pretty but my Scorpio/Cancer (vengence/justice) complex cant allow me to not be delighted that BV is being further exposed as the dictionary definition of an evil Douchbag!

        Like

  7. Thanks Christopher. Not a hero, but thanks for the thought that is Much and kindly appreciated!

    Wait’ll you see what I’m posting tomorrow.

    Going to bed now…but, up early! : )

    Like

  8. Bev Barnes says:

    Love reading your stories. You must have missed it, one of the attorneys sitting at the table was chewing gum and I thought that was so tacky. Can’s wait to see Vandenburg and his family whine and then see him off to the BIG house.

    Like

  9. Very Sad says:

    I was so shocked by her (Teasley’s) defense of Batey, (not that there is any) I looked for video of her and found this (https://youtu.be/FP7KqNqh9o0). Within only 3 min. she is defending Michael Brown, who was shot “with his hands up”. That’s all you need to know about Teasley. Black Lives Matter!? (more than other’s, no matter what they do, even when killing each other!) Very sad.

    Like

    • I personally believe Courtney is extremely well-meaning. And she’s right about incarcerating blacks who can’t afford bail. One sixteen year old was in jail in NYC with no charges being brought for years. He committed suicide. All I’m commenting on is chewing gum – is unprofessional. And she was unprepared. When dealing with a witness, the attorney has to establish a flow – a pattern – almost a cadence. Courtney had none of that. Which made watching her, torturous.

      As for the gum, I began chewing gum around age 14. When my mother told me girls chewing gum look like cows chewing their cud, I immediately looked at myself in the mirror. Darned if Mom wasn’t right. So my gum-chewing days ended in a flash! 🙂

      Like

  10. Njpjm says:

    Prison rape is not funny. So, why is it still considered acceptable for people to make jokes about it ? I have read comments on many articles about how “big bubba” will be waiting for Batey . One day these jokes will not be acceptable any longer . Why they are now is beyond me . Why are victims of prison rape laughed at ? Why ? Total hypocrisy .

    Like

  11. Right. Women prisoners who become pregnant by guards is also a thing few in media address. Have no idea why. (On the other hand – female guards getting pregnant by inmates also makes the case for women guarding women and men guarding men.)

    Like

    • Njpjm says:

      Society condemns rape on the streets yet it does not care much about rape in prison . Therefore , people are basically hypocrites. How else would you explain it . Not only don’t people care, they have a grand time laughing about it . The world is full of hypocrisy . Why don’t you , as a big time blogger , take the time to condemn this practice ? I have seen the comments on the Tenneseean , by the way . I have seen your comments and the comments of many of the cretins from the area there .

      Like

  12. Lucas says:

    It may have been a loser defense, but it’s possible he was blackout drunk. I’ve both played the piano and gotten into a brawl and completely blacked out both of the events. I would like to think that not having raped or murdered anyone makes me a better person than Cory Batey, but then, if my (completely forgotten) fight had gone differently I might be guilty of manslaughter. As it was we all managed to clear out without even seeing a cop, and I heard about it later.

    I believe what he did DOES reflect on his character, and that getting that kind of drunk is NOT mitigating if he was in fact black out, but I totally buy that he could have been.

    Like

    • The problem is their is no logic to whether Cory was a blackout drunk or not. Just as in blackout driving, you hit someone you’re still drunk – and charged. In Cory’s case it’s even worse. He had already been in trouble for his alcohol and anger issues. So it’s not as if Cory was clueless. These days “I was drunk” doesn’t get a pass.

      The only thing that got Cory a lighter sentence, was: Misogyny.

      Like

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