Ex-Vanderbilt football players released on bond in rape case

By Tim Ghianni

NASHVILLE, Tenn. (Reuters) - A Tennessee judge on Wednesday ordered two former Vanderbilt University football players released on bond while they await retrial on charges they raped an unconscious female student.

Judge Monte Watkins on Tuesday declared a mistrial in the case against Cory Batey, 21, and Brandon Vandenburg, 22, setting aside the verdicts from a January trial in which they were found guilty of aggravated rape and aggravated sexual battery.

Watkins ruled on Tuesday that a juror's failure to disclose during the jury selection process that he was a rape victim brought a presumption of bias to the jury.

Watkins reinstated a $350,000 bond for Batey and raised Vandenburg's bond by $50,000 to $400,000. Prosecutors had argued that their bonds should be raised because the result of the first trial increased their risk of flight. Both must wear monitors.

The two were released later on Wednesday.

Prosecutors have said the mistrial declaration did not affect the evidence or the state's resolve and would ask for a new trial date to be set as soon as possible.

Prosecutors plan to request a trial date at the next court hearing, which is scheduled for July 8, said Dorinda Carter, spokeswoman for the Davidson County District Attorney's Office.

In opposing the mistrial, prosecutors argued the juror did not see himself as a victim in his case, which involved a consensual sexual relationship with an adult male when he was a teenager.

Four Vanderbilt football players were accused of raping a woman in June 2013 in a case that brought heightened scrutiny of sexual assault on campuses. Prosecutors said their case was proved by what the defendants recorded on a cell phone.

Two other former Vanderbilt players, Brandon Banks and Jaborian McKenzie, are also awaiting trial.

(Writing by David Bailey; Editing by Bill Trott and Eric Walsh)