New court filing says evidence was destroyed in Vanderbilt rape - WKRN News 2

New court filing says evidence was destroyed in Vanderbilt rape case

Posted: Updated: Jun 24, 2014 09:57 PM
Brandon Vandenburg is one of four football players accused in an on-campus rape last year. Brandon Vandenburg is one of four football players accused in an on-campus rape last year.
Angela Gentry Angela Gentry
NASHVILLE, Tenn. -

Scathing accusations came to light Monday by the defense team of an ex-Vanderbilt University football player involved in a high-profile rape case.

Monday marked the one year anniversary of the alleged sexual assault that reportedly happened inside former player Brandon Vandenburg's on-campus dorm room.

Vandenburg is charged in the case and his defense team now alleges the prosecution has, among other things, destroyed evidence.

The accusations are within a 128-page motion filed Monday.

SLIDESHOW: Vanderbilt University rape case

Specifically, Vandenburg’s attorneys allege the prosecution has destroyed or purposefully withheld close to 28,000 text messages and communications via social media associated with the case.

The communications they say are missing come from nearly everyone involved in the case, including the alleged victim herself, the men accused of raping her, various witnesses and even Vanderbilt’s former head football coach, James Franklin.

Franklin is mentioned numerous times in the document, including what the defense team calls a mysteriously absent text chain between him and the alleged victim while she was reportedly being medically examined following the alleged assault.

The court filing indicates the woman was texting, taking selfies and sending them to someone during the medical exam, but the defense says they have yet to be given these communications.

The defense also says the woman sent details of the alleged assault to a friend, but "mysteriously the prosecution has stated those messages don't exist."

Additionally, interviews with witnesses included in the motion seem to paint the alleged victim as a promiscuous and heavy drinker who had a history of dating football players, even working with Franklin to recruit football players.

A new name also surfaced in the defense filing.

A Florida woman named Angela Gentry, whose family reportedly has ties to Vanderbilt, is accused of buying drinks for both football players and the alleged victim the night of the reported assault.

In a published report, the 47-year-old woman denies the allegations.

News 2 contacted the district attorney’s office who said they also received the document and will not try this case in the media.

A source close to the case told News 2 that attorney’s for the victim filed a motion Tuesday morning to protect the voluminous document released Monday by Vandenburg’s attorneys.

Vandenburg is due in court next Monday, June 30. The filing is expected to be reviewed.

He and former teammates Brandon Banks, Cory Batey and Jaborian "Tip" McKenzie are each charged with five counts of aggravated rape and two counts of aggravated sexual battery for the alleged rape.

Vandenburg is additionally charged with one count of tampering with evidence and one count of unlawful photography.

All four have since pleaded not guilty and are out of jail on bond.

Click here
for complete coverage of the Vanderbilt rape case.

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