NASHVILLE, Tenn. – After a judge granted a mistrial in their case on June 23, Cory Batey and Brandon Vandenburg were released from custody Wednesday.
WKRN News 2 reports that Batey’s previous bond of $350,000 was reinstated. Vandenburg’s bond was increased by $50,000 to $400,000. Both men must wear a GPS device.
Batey was released first, with Vandenburg was following seconds later. According to his lawyers, Vandenburg has plans to return to the area of California that he is originally from.
The state urged that the two should be considered flight risks because of their “likelihood of conviction.”
Representatives for bonding agencies attended the hearing. A representative for Nashville Bonding Company said the business did not want Batey’s bond back with them. Free At Last, a business that previously shared his bond with Nashville Bonding Company, resolved not to charge a new premium for his bond. A Free At Last representative also stated, “I would like juror number 9 to pay our fees.”
In the court order declaring the mistrial, the court found that jury foreman Todd Easter, or Juror No. 9, “failed” to speak the truth during the selection process in the trial, according to News 2. The court order states that, “By failing to disclose being the named victim in a twenty-three count statutory rape indictment, the presumption of jury bias was met.” The juror said that he considered the relationship in question to be consensual, and that his parents filed the original complaint, not him.
The judge will attempt to move his schedule to accommodate the new trial date, which has not yet been set.
Batey and Vandenburg were convicted in January of all charges in the June 2013 dorm rape of a female student.
Davidson County District Attorney Glenn Funk told News 2 the prosecution plans to request a new trial, noting that Vandenburg and Batey do not have to be re-charged or re-indicted.
The trial dates have not been set for the two other former students accused in the case, Brandon Banks and Jaborian “Tip” McKenzie.
WKRN News 2 contributed to this report.
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