Ex-football players' retrial set for April in Vanderbilt rape case

By Tim Ghianni

NASHVILLE, Tenn. (Reuters) - Two former Vanderbilt University football players will be retried in April on charges that they raped an unconscious female student two years ago after a mistrial was declared in June due to juror misconduct, a judge said on Thursday.

Cory Batey and Brandon Vandenburg were convicted in January of aggravated rape and aggravated sexual battery but Judge Monte Watkins declared a mistrial because a juror had failed to disclose that he was himself a rape victim.

Watkins on Thursday scheduled opening statements for April 4 in their retrial, according to the judge's office.

Prosecutors had sought to have the retrial begin sooner, in February, so as not to further inconvenience the alleged victim, who is working on an advanced degree out of state.

"It is creating a burden for her that is indescribable," said Jan Norman, assistant district attorney. "At some point it has to end, the continuances have to stop."

The retrial had previously been set for Nov. 30.

In all, four former Vanderbilt football players were each charged with five counts of aggravated rape and two counts of aggravated sexual battery in the case.

The trial of Jaborian "Tip" McKenzie and Brandon Banks is expected to take place after the retrial of Vandenburg and Batey.

(Reporting by Mary Wisniewski in Chicago and Tim Ghianni in Nashville; Editing by Will Dunham)