Brandon Vandenburg and Corey Batey will be retried on charges of aggravated rape and sexual battery in April.
The two former football players at Vanderbilt University were convicted in Jan. of raping an unconscious female student in June 2013, but Criminal Court Judge Monte Watkins declared a mistrial due to a juror lying about his involvement in a past sex crime.
"I always upset somebody, no matter what I say," Watkins said in court, according to The Tennessean. "And I really want to accommodate her (the woman), but I have to look at all parties. I can't just look at one side and say well I'm going to favor one side and not favor the other side."
The new trial will begin on April 4, reportedly at the prosecution's suggestion in order to let the alleged victim finish a graduate program out of the state.
"We're asking for it for the victim," Assistant District Attorney Jan Norman said in court Thursday. "We're asking the court to enforce the Tennessee Constitution and the victim's right to a speedy trial.
"The continuance that was granted, that is creating a burden for her."
Attorneys involved in the case will report to court on March 30 for jury selection, The Tennessean learned.
As Vandenburg's attorney, Troy Bowlin, pointed out, the new trial also pushed back the trial for the two other defendants accused of raping the woman, according to The Associated Press. While the prosecution contended the plaintiff just wants the case to be done with, Bowlin argued that will now happen much later because Brandon Banks and Jaborian McKenzie are still for their trial.
However, the additional time before the start of trial could theoretically enhance the likelihood of a plea deal, either for Vandenburg and Batey, or for Banks and McKenzie. It should be noted that there is no indication such negotiations are occurring.
