Filing Accuses Deputy DA Of Destroying Evidence In Vandy Rape Case

Filing Accuses Deputy DA Of Destroying Evidence In Vandy Rape Case

CREATED Apr 29, 2014
NASHVILLE, Tenn. – Defense attorneys for one of the suspects charged in the Vanderbilt rape case have filed a motion, accusing the Deputy District Attorney of destroying evidence.

The motion was filed Tuesday afternoon and demanded charges be dropped against Brandon Vandenburg, who was one of four former football players charged with raping a student inside a campus dorm room.

The filing also named former Vanderbilt University head football coach, James Franklin.

John Herbison, one of Vandenburg’s attorney’s, has accused Deputy District Attorney Tom Thurman of destroying or not preserving discovery evidence, including phone records of calls between the alleged victim and former Vanderbilt football coach, James Franklin.

Herbison said he wants the prosecution to either turn over all evidence or drop the case. He also asked that Deputy D.A. Thurman face sanctions.

The filing also revealed insight into the alleged victim’s reported relationship with Franklin, taken from a statement made to police:

"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."

Defense attorneys said they believe that is how the alleged victim met the players accused of raping her.

Herbison argued evidence of phone calls or texts between her and others, including Franklin, and former quarterback Austyn Carta Samuels was crucial to Vandenburg's defense.

“We are asking the court to hold a hearing to see if evidence favorable to the defendant was lost, destroyed or not preserved while in police or the state's possession,” he said.

Prosecutors said they will address all of these challenge in court. James Franklin, who is now the head coach at Penn State University, has repeatedly declined to talk about the case.

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