James Franklin contacted victim in Vanderbilt rape case

Discussion in 'Sports' started by Vol2424, Apr 29, 2014.

  1. Vol2424

    Vol2424 Contributor

    http://www.tennessean.com/story/new...lin-allegation-surfaces-vandy-filing/8476049/


    Defense attorneys for a former Vanderbilt University football player charged with rape filed a scorched-earth motion Tuesday asking a judge to dismiss the case or reprimand prosecutors for destroying or failing to preserve evidence.

    In a detailed, 24-page filing, the defense team for Brandon Vandenburg wrote that "crucial and material information to the defense of VANDENBURG was destroyed or not preserved."

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    Vandenburg is one of four former players each charged with five counts of aggravated rape in what police said was an assault on a 21-year-old female student in Vandenburg's Gillette Hall dorm room on June 23.

    The defense said evidence provided through discovery included disks with empty file folders and video surveillance in which 55 percent of what was filmed on 14 campus cameras has been deleted.

    The filing also includes a new allegation about interactions between the alleged victim and former head football coach James Franklin and former director of performance enhancement Dwight Galt — both now at Penn State University.

    Referring to records, the attorneys said the victim was contacted by Franklin and Galt during a medical examination four days after the rape to explain "that they cared about her because she assisted them with recruiting."

    It went on to say that at some point, "Coach Franklin called her in for a private meeting and told her he wanted her to get fifteen pretty girls together and form a team to assist with the recruiting even though he knew it was against the rules. He added that all the other colleges did it."

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    Vanderbilt and Penn State did not immediately respond to requests for comment.

    Reached by cellphone Tuesday, Franklin repeatedly said he was "not interested in talking." He declined an offer to hear the allegations.

    Among the missing evidence, lawyers said, are:

    • the majority of more than 27,000 messages and 220 calls on the alleged victim's phone, of which just 47 calls or texts were provided to the defense;

    • text messages between Vandenburg and the alleged victim, as well as between him and former wide receiver Chris Boyd and co-defendant Cory Batey;

    • text messages and phone records from three team staff members — former head coach James Franklin, former director of performance enhancement Dwight Galt, and associate director of athletics Kevin Colon;

    • texts and social media posts from players and the victim's friends;

    • police interview records with a close acquaintance of the alleged victim;

    • DNA test results from another man;

    • an interview with the girlfriend of former starting quarterback Austyn Carta Samuels; and

    • other police notes and medical records.

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    "In this case, the justice system, thru the prosecutor's office and its prosecutors and detectives, has tainted that fairness and due process standard," Vandenburg's lawyers wrote. "At the core of this argument is Defendant's inability to have a fair trial and put forth a defense."

    Susan Niland, spokeswoman for the district attorney's office, could not immediately be reached. The office has denied previous accusations that prosecutors have erred.

    The filing describes other evidence that is referred to in records but not provided to the defense, including conversations that attorneys said the alleged victim had with university staff, and text messages and social media postings she made just before interviewing with detectives.

    Attorneys said the alleged victim and a friend may have destroyed pictures and text messages from around the time of the alleged rape.

    Vandenburg, from Indio, Calif., is charged along with Cory Batey, of Nashville; Brandon Eric Banks, from Brandywine, Md.; and Jaborian McKenzie, from Woodville, Miss.,on five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg also is charged with one count of unlawful photography and tampering with evidence.

    Former Vanderbilt wide receiver Chris Boyd, 21, of Roswell, Ga., has pleaded guilty to an attempted cover-up of the rape in return for testimony against his former teammates.

    Miles Finley, 20, of Bermuda Dunes, Calif., and Joseph Quinzio, 20, of Palm Desert, Calif., are charged with tampering with evidence.
     
  2. justingroves

    justingroves supermod

    Franklin could get fired before coaching a game
     
  3. Vol2424

    Vol2424 Contributor

  4. ole_orange

    ole_orange Board Simp

    So Penn State potentially hired someone who tried to cover up a gang rape? This could get huge if true.
     
  5. hatvol96

    hatvol96 Well-Known Member

    Anyone shocked by this hasn't been paying attention.
     
  6. justingroves

    justingroves supermod

    I'm shocked PSU hired him with it hanging over his head, not that he was involved.

    I would think they would want to avoid rape trails again.
     
  7. Vol2424

    Vol2424 Contributor

    I'm not shocked a bit, but agree with Groves on the hire.
     
  8. GahLee

    GahLee Director of Conspiracy Theories, 8th Maxim

    It was a terrible hire because of this. It was a giant middle finger to everyone involved in the Sandusky incident.
     
  9. Bassmanbruno

    Bassmanbruno Banned

  10. GahLee

    GahLee Director of Conspiracy Theories, 8th Maxim

    Very good chance I would assume. I'll admit I'm ignorant when it comes to law, so I don't know how much of this is admissible and just how damning it is or how much of it can he used against Franklin personally but I think one can safely assume that even the mere allegation of covering up a gang rape isn't going to fly anywhere, especially Penn State. Makes one wonder why he was even a candidate in the first place.

    Hat or Law would have to clarify those things.
     
  11. kptvol

    kptvol Super Moderator

    Vandy, Penn State, and Franklin all burning. Hard to describe how great this is.
     
  12. technovol

    technovol New Member

    Why would they fire him now? They are the ones who hired this ass in the first place. It's going to have to get a whole lot nastier before Penn State admits they made a mistake
     
  13. Bassmanbruno

    Bassmanbruno Banned

    Was hoping this would come to light while he was still at Vandy - cause none of their two fans were having any of it when these rumors were out there.. Now they'll just be delighted. And Clay Travis also made an ass of himself when people mentioned a cover up by Franklin.
     
  14. GahLee

    GahLee Director of Conspiracy Theories, 8th Maxim

    Considering they just had the most damning rape scandal in sports history just a few years ago, I would think that they are already planning an exit strategy.
     
  15. yont sum iss?

    yont sum iss? Contributor

  16. Unimane

    Unimane Kill "The Caucasian"

    I don't know, the last dude who did this shit there still has enough sycophants to erect a statue in his honor.
     
  17. GahLee

    GahLee Director of Conspiracy Theories, 8th Maxim

    Not sure they're as emotionally attached to Franklin yet.
     
  18. hatvol96

    hatvol96 Well-Known Member

    He also raised and donated millions upon millions for the school, won national titles, graduated players, and gave a cow college in the Pennsylvania sticks an identity. Franklin has done jack shit for them. I don't condone the Paterno worship, but I understand it. Franklin has no such reservoir of goodwill to draw upon.
     
  19. Unimane

    Unimane Kill "The Caucasian"

    Of course, but, if they are willing to lionize a guy who enabled a pedophile, it isn't out of the realm of possibility that they'll find a way to support the current coach in simply keeping his job. As a gander at the VN crowd will attest, once the guy has the title, offering unconditional support is one of the prerequisites for any fan.
     
  20. tvolsfan

    tvolsfan Chieftain

    The NCAA basically murdered them the last time. No way they don't fire Franklin if it gets worse for him.
     

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