Vanderbilt Football Player Found Guilty of Rape
BANFIELD: Unconscious female, drunk male student, college campus and I think you can probably guess what happens next but unlike the Stanford rape case, the punishment for a former Vanderbilt university football player is going to be a lot more severe. A jury in Tennessee found Brandon Vanderburg guilty of rape and this is just happening over the weekend. Now, he's facing upwards of 25 years in prison. Vanderburg was accused of taking a woman who he was dating at the time into his dorm room back in June of 2013 where police say he invited and encouraged three of his football teammates to sexually assault her over hours. It might sound familiar to you because this was his second trial. He was also convicted in his first trial but the judge declared it a mistrial because the jury foreman lied during jury selection, failing to dispose that he himself had been victim of a statutory rape case. As a legal view on this particular case, I want to bring in CNN Legal Analyst and Defense Attorney Joey Jackson and CNN Legal Analyst Paul Callan, a criminal defense attorney and former prosecutor. Paul Callan, I get it, we've had two trials. We've had two verdicts. The unusual thing about this particular case is that man, according to the police, didn't necessarily physically take part in the rape. It was the other three who did the physical part of the rape and yet he's charged exactly the same and he's facing just as lengthy as sentence. Why is that?</s>PAUL CALLAN, CNN LEGAL ANALYST: Virtually, every state in the country has laws in place that say if you act in concert with other people who commit a crime, you're the lookout in a robbery, you helped plan the robbery but you don't go in and do it, you face the same criminal punishment. And here, I think you could make an argument that he's even worse than the others because he set her up, she trusted him, and he's the one who enabled this attack by multiple perpetrators and rapes. So, it doesn't surprise me at all that he faces the same criminal liability even though there may be a claim that he didn't actually penetrate her that night.</s>BANFIELD: And let's be clear, by the way, about how horrendous this rape was. They used implements, they videotaped, they urinated on the victim. She was so unconscious, she did not even know any of this until she had been shown video of it. She had to be shown video of her own assault for her to know. And they memorialized their actions on video. I mean, it's so astounding. But there are four of them. And Cory Batey has already been found guilty but there are two others still to go to trial. I'm curious about how do you get a fair jury pool having all of this happens twice over for these other two in that community?</s>JOEY JACKSON, CNN LEGAL ANALYST: It may be rather difficult to do that and there's a quick aside of the things that Paul Callan mentioned in terms of the aiding and assisting and bringing, you know, her there, really. You can make the argument, certainly, that he's as culpable if not more so. But what happens is remember when you're picking trials, the constitution certainly guarantees your right to a fair trial but trial's imperfect to begin with. And so whenever you get a jury pool, what you do Ashleigh, the issue is not have you heard about the case? The issue is having heard about the case, have you formulated such an opinion that you would be not the ideal juror here, right, that you wouldn't be the ideal juror. And so in that regard, what they'll do is they'll put the other jury pool and those people who say, you know what, I have opinions and my opinions are really too strong and based upon my opinions and my thoughts in this case, I really shouldn't serve here, they really will be dismissed. And to think about it, our system really works because in the other case as you mentioned, he was convicted previously but guess what happened? Because the fourth person on that jury happened to lie, he got a new trial. And so, in the event that the jurors, in this case, they assemble one and a juror, for example, is not completely truthful, you get a new trial here.</s>BANFIELD: So, I have to wrap up that he's going to get the max, 25? 15 to 25, what do we think?</s>CALLAN: I think this thing calls out for a maximum penalty because of the way it was done, multiple perpetrators, unconscious woman, set up by her boyfriend.</s>BANFIELD: Do you think it's going to happen though?</s>JACKSON: It does.</s>CALLAN: I don't think this will happen.</s>BANFIELD: You don't think it will ...</s>JACKSON: I think it's going to be high end. I don't think it will be the maximum, but it's going to be at the high end.</s>BANFIELD: I'm reconvening the both of you for when we get sentences.</s>JACKSON: I think it's horrific, it's abusive, it's disgusting. I think that his lawyers will put in mitigating circumstances there.</s>BANFIELD: Football player, clean ...</s>JACKSON: It's not going to be six months, I guarantee ...</s>BANFIELD: It ain't going to be six months, right. Paul Callan, thank you. Joey Jackson, thank you. Appreciate it. Coming up next, sexual assault arrest of a man living with 12 young females, 12, all of them related. So where were their parents? That is the part of the story that may make you the most sick.