By Tim Ghianni
NASHVILLE, Tenn. (Reuters) - Two former Vanderbilt football players were reindicted on Tuesday on charges they raped an unconscious female student two years ago, after a mistrial was declared by Judge Monte Watkins in June.
"They will be in court tomorrow for arraignment, and we plan to ask that a trial date be set," said Dorinda Carter, spokeswoman for the district attorney general's office.
Cory Batey and Brandon Vandenburg, convicted in January, have been free on bond since June 24, the day after the mistrial was declared. Judge Watkins ruled 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.
Two other former Vanderbilt ballplayers charged in the case, Jaborian "Tip" McKenzie and Brandon Banks, have not yet gone on trial.
All four have been charged with five counts each of aggravated rape and two counts of aggravated sexual battery, according to the Davidson County Criminal Court Clerk's office.
Batey has been free on $350,000 bond and Vandenburg on a $400,000 bond since the day after the mistrial was declared.
The four, then Vanderbilt players, were accused of raping an unconscious woman in June 2013 in a case that brought heightenedscrutiny of sexual assault on campuses. Prosecutors said their case was proved by what the defendants recorded on a cell phone.
(Reporting by Fiona Ortiz; Editing by Michael Perry)