Defense attorney ready to defend Vanderbilt rape suspect - WKRN News 2

Defense attorney ready to defend Vanderbilt rape suspect

Posted: Updated: Jan 18, 2014 09:28 AM CST

The attorney for one of four former Vanderbilt University football players accused of raping a female student on campus last summer says his client will not settle with the prosecution.

John Herbison, an attorney for Brandon Vandenburg, said he'll be at his client's August 11 jury trial "with bells on," ready to defend his client's innocence if prosecutors take the case to trial.

"This case will not settle," Herbison said. "Whether the state wants to proceed to trial is up to the state."

Vandenburg and former teammates Brandon Banks, Cory Batey and Jaborian "Tip" McKenzie are charged with five counts of aggravated rape and two counts of aggravated sexual battery from the alleged incident that occurred in June.

Vandenburg is additionally charged with unlawful photography and tampering with evidence.

Herbison told News 2 he can't discuss a video that was reportedly recorded during the alleged rape. The video is under a protection order by the court.

Currently, Vandenburg is at his home in California with his family.  He's expected to be present at a hearing on January 29 regarding a defense attorney's involvement in the case.

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