Vanderbilt rape case judge to respond next week to sentencing request
NASHVILLE, Tenn., Sept 15 (Reuters) - A Nashville judge said on Thursday he would respond next week to prosecutors' request to redo the sentencing hearing for one of two Vanderbilt University football players convicted of raping an unconscious female student more than three years ago.
The case drew national attention and placed a spotlight on the problem of sexual assault on U.S. college campuses.
Prosecutors argued in a motion filed in August they were unable to offer sufficient testimony to counter character references in defense of Cory Batey, who in July received the minimum sentence of 15 years in prison over the rape charges.
The defense response, filed this week, dismissed the state's claims.
"Rather than pursue an appeal through the proper statutory route, the State has chosen to file a Motion for New Sentencing Hearing based on vague claims of insufficient notice regarding character letters sent directly to the court," read the motion by attorney Peter Strianse, who is working on Batey's appeal.
Davidson County Criminal Court Judge Monte Watkins said on Thursday he would respond in writing to the motion some time next week.
When asked on Thursday for additional comment, the prosecution reiterated its position.
"We made that motion based on the fact 11 letters were sent to Judge Watkins asking for leniency that we did not see prior to the original sentencing," Nashville District Attorney General spokesman Kenneth Whitehouse said by email.
Batey and Brandon Vandenburg, also a former Vanderbilt football player, were originally convicted in January 2015, but those convictions were thrown out after it was revealed that one of the jurors had been a victim of sexual assault.
The two men had separate retrials, and both were convicted again. Vandenburg is set to be sentenced on Sept. 30.
The trials of two other accused former football players, Jaborian McKenzie and Brandon Banks, have yet to be held. McKenzie testified for the prosecution against Vandenburg and Batey.
Vandenburg and the victim, who had been dating, met for drinks at a bar popular with Vanderbilt students on the evening of the June 2013 attack. The sexual assault by the four men occurred later in his dormitory.
The men used cell phones to record their crimes on video. Those images played crucial roles in the convictions. (Editing by Curtis Skinner and Matthew Lewis)
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