(NASHVILLE, Tenn.) — A day after declaring a mistrial, the judge in the Vanderbilt University rape case re-instated the bail Wednesday for football players Brandon Vandenburg and Cory Batey, allowing them to leave prison while they await a new trial.
After the morning court hearing, both Vandenburg and Batey were released Wednesday afternoon, ABC News’ Nashville, Tennessee, affiliate WKRN-TV reported. Batey was carrying a bible as he was released, according to WKRN.
Vandenburg and Batey had been convicted on multiple counts of aggravated rape but Judge Monte Watkins tossed out the verdict on Tuesday because the jury foreman failed to disclose that he was once the victim of statutory rape, according to his ruling.
Lawyers for both defendants asked the judge on Wednesday to re-instate the bail, set at $350,000 each, so the men can leave jail, citing their history of compliance with the terms of the bail.
The judge granted re-instating the bail for Batey at the same amount. He added $50,000 to Vandenburg’s bond, citing the fact that Vandenburg lives out of state, in California, and citing Vandenburg’s additional misdemeanor offense since the initial bail was set.
In addition, Vandenburg and Batey will both have to wear GPS monitors and check in with bondsmen once a week.
The judge also ordered both men to surrender their passports.
The prosecution can appeal this mistrial ruling.
Vandenburg and Batey were previously found guilty of four counts of aggravated rape, one count of attempted aggravated rape and two counts of aggravated sexual battery. Vandenburg was also found guilty of tampering with evidence and unlawful photography after prosecutors claimed he recorded a sexual assault of a female classmate on his phone and shared it with friends.
Prosecutors said the victim, a 21-year-old former neuroscience major and dance team member at the university, was drunk and passed out during the alleged 2013 attack.
The defense argued the young men were not guilty of rape, but rather of making a mistake. Batey’s lawyer, Worrick Robinson, claimed that college culture put his client in the situation, but the jurors said they weren’t buying that argument.
Two other ex-players accused of being involved in the incident, Brandon Banks and Jaborian McKenzie, also face rape and sexual battery charges, but have not yet gone to trial. They have pleaded not guilty.
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