Return to Transcripts main page

Legal View with Ashleigh Banfield

University Rape Case Examined; Civil Rights Case Justice 50 Years Later

Aired January 28, 2015 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

(COMMERCIAL BREAK)

ASHLEIGH BANFIELD, CNN ANCHOR: If you have a daughter in college, this story is going to be very disturbing. It's going to be disturbing to anyone who listens to it. But particularly if you've got kids at this age and a warning some of the things that you're about to hear are very, very graphic and they're certainly not for children. So with that said, here it goes.

Two summers ago a female Vanderbilt University student was drugged and then was carried unconscious into a university door room. Dropped like a heap of garbage, that's according to the prosecutor. And then she was sexually abused in horrific ways. Not just by one person, by more than one person. And the abuse involved penetration, rape, rape involving a bottle, laughing, slapping to the point of bruising her and other horrible things that are so bad I can't even broadcast them on television.

How do we know this? She was unconscious, right? How could she possibly know, she didn't. But many of the revolting things that happened to her were captured, you guessed it on cell phones, cell phones of three of the four suspects in the case. And yesterday two of them, two of the four former Vanderbilt University football players who were charged in the case were in fact convicted of rape.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: In regards to Mr. Vandenburg count one, we find Mr. Vandenburg guilty of aggravated rape.

(END VIDEO CLIP)

BANFIELD: Yeah. He's shaking his head no, but the jury said yes. So, his co-defendant Cory Batey and then this man who you're looking at, Brandon Vandenburg were convicted on several counts, several counts of rape.

Vandenburg was convicted on additional counts of tampering with evidence and unlawful photography. That would obviously point to, oh the pictures and video of the attack. They're sentencing scheduled from March the 6th, and they're facing several years, many years.

So, there are two others involved as well here allegedly, two other ex-football players who were still awaiting their trial for rape and sexual battery. So, after the verdict was read the victim's attorney did some reading of his own, an emotional statement that came from the young woman who was at the heart of this case. And that statement read in part quote, "I want to remind other victims of sexual violence you are not alone, you are not to blame."

She may never have known of any of this, she knew nothing the next morning when she woke battered, bruise and covered in vomit. She knew nothing. It was the video that told the story.

Let's bring in our legal experts to discuss this case CNN Legal Analyst and Former Prosecutor Paul Callan and CNN Legal Analyst and Defense Attorney Mel Robbins.

So ,Paul I begin with you. When we first when into this case I looked at it and I though no DNA, no rape kit, no physical evidence. But video and photograph more than 30 photographs that showed in graphic depiction. What to this unconscious woman? But still people didn't think it was going to be open in shot.

PAUL CALLAN, CNN LEGAL ANALYST: No, they didn't and, you know, I think in fairness though the jury now has rendered a verdict at least in part of the case and jury obviously found that it was not only shocking but that criminality have been proven. I mean, this is such a shocking case. I mean Vanderbilt is considered the Harvard of the south and for these young men to have engaged in conduct of this brutality is just absolutely astounding.

BANFIELD: Did I mention that -- Vandenburg was the boyfriend of the victim?

CALLAN: Yeah.

BANFIELD: The one who was convicted yesterday. This was his girlfriend. It is so astounding to hear of the details in this case.

And Mel what interesting and we're showing him on the monitor right now. What interesting is that he's not even alleged who have taken part in some of the brutal act. Most of those are reserved for his co-defendant at trial here who was convicted. And then the other two who's trials have yet to get underway. And yet he got slammed with all of it. Does that mean he will be sentence in a lighter way or will he bear the same brunt as the other conviction?

MEL ROBBINS, CNN LEGAL ANALYST: You know, Ashleigh I am so happy that you're bringing this point up because it's something that jump out to me as well.

He was the boyfriend, he carried her to this room and she was already passed out, according to the testimony of McKenzie who hasn't been tried yet and has even been offered a deal. He recounted what happen that night and he painted the boyfriend as the guy who orchestrated the whole thing.

And so, even though he didn't penetrate her and he didn't commit the physical act. He egged them on and the jury found under the facts and under the law, Ashleigh that he was just as responsible. And so I hope in the sentencing which these guys are facing 15 to 80 years in prison that he also feels the full weight of what he's done as do the co-defendants.

BANFIELD: I want to make sure that everyone aware, yes. He was the boyfriend and yes as Mel said there's no proof on the video or pictures that he did those unspeakable acts.

But we don't know everything that happened. All we know is what we saw on the video or those pictures. So we have no idea if there was additional assault evidence that just would never make into court.

Paul, I want to ask you about something. This man, this boyfriend Vandenburg the next day he said to his victim. His victim who was raped and battered and now it's proven in court. He said to her you were really drunk and I had to clean up your vomit and look after you, which prompted her to apologize to him.

Does that -- is that sort of egregious behavior that judges find so offensive that it boost their sentencing?

CALLAN: Well, you will hear this from the judge believe me and I've stood in court rooms in New York where the judge has added years to sentences because of disrespect shown to a victim even after the rape.

BANFIELD: Really?

CALLAN: And as Mel said, you know, when we're talking about Hernandez case earlier, they call it joint venture in Massachusetts, there's this -- a doctor called acting in concert and by orchestrating this and putting her in this position. He's theoretically as guilty as the boys or the young men who penetrated her.

So he's not going to get a buy at all from this judge. And I think that statement is focus on, is going to cost him years in prison.

BANFIELD: Yeah. And let me be very clear. There is plenty of evidence in this case that shows Mr. Vandenburg did lots of awful, awful things including using a computer to do something during the attack. And there is a possibility he positioned himself to be in, you know, in commission of the attack as well it just could be perfectly proven by the pictorial evidence.

So let's make sure everyone's very clear that while technically it's not proven that he did anything. Certainly there's lots to suggest circumstantially that he did.

Paul Callan and Mel Robbins thank you. I want you both to stick around because there is a bigger conversation we had as those other two alleged co-conspirators wait for their trial.

Vanderbilt is saying that there were 17 reports to sexual assault on campus in the 18 months before the football players were charged. And 26 reports in the 18 months since.

And today hundreds of leaders from dozens of colleges all across the Tennessee area are gathered to try to come up with some ways, find something to encourage even more victims to come forward and deal with this epidemic.

And perhaps the bigger task, teach young people this is criminal. And you can spend you life behind bars for it. That's next.

(COMMERCIAL BREAK)

BANFIELD: The Vanderbilt rape case is shining a bright light on the very dark problem of sexual violence on campuses across the country. To combat this disturbing crime, more than 70 Tennessee colleges including Vanderbilt, the University of Tennessee and Middle Tennessee State University are right now holding a summit in Nashville to try to figure out ways of preventing these horrors from actually happening.

Joining me now is the president of University of Tennessee Joseph DiPietro and I'm also bringing back in our CNN Legal Analyst, Paul Callan and Mel Robbins.

Mr. DiPietro, thank you so much for being with us. I just got to ask you, in light of these guilty verdicts and again we're still waiting on two more trials of the other alleged rapists in the case at Vanderbilt.

I'm wondering if it is time to start enlisting more parents of freshmen that come into these universities and sign contracts with the students and the parents to hold them accountable and to inform them of the criminal nature of behavior that at one point was considered boys being boys.

JOSEPH DIPRIETO, PRESIDENT, UNIVERSITY OF TENNESSEE: Certainly it's all about education, Ashleigh. I'm pleased to be with you today and that's part of what this summit is about that we're currently holding in National Tennessee. And it's about training the trainers so that both families and students initially get training. But also it's an ongoing process and -- that we need to continue to do and we need to actually increase our efforts in this area.

BANFIELD: Without question, listen, my two boys are 7 and 9. Certainly not at the age where I can discuss this case, but I have already began discussing behavior in groups, boys' behavior and how they need to treat people...

DIPRIETO: Sure.

BANFIELD: ... and how they need to treat people and particularly girls without getting into those kinds of details.

I just don't know that colleges do their incoming freshmen. Particularly the men. In this case, no one can blame this victim even if they want to because she was drugged. She wasn't partying later, being foolish that some people will try to do blame a victim of rape.

But don't we need to do something with the freshmen before they come into the colleges, to warn them. I mean, certainly after Duke University, the Duke lacrosse scandal, the Steubenville cases, there's so much media and it seems talk is cheap.

DIPRIETO: No I -- Ashleigh, I agree with you completely. I mean, one of these things I suppose will be an outcome of this summit is to improve and expand our training of the university collectively.

There was a partnership between both public and private institutions, there's some 450 people attending the summit, trainers who will train other people as well as exchange best practices across both public and private institutions in Tennessee.

I actually think this issue also heralds back beyond just when students arrive at our door. This kind of training and this kind of information at the high school level across our nation needs to be accomplished too.

BANFIELD: Well, I think without question as we know in Steubenville as a high school and this kind of behavior went on there as well and was broadcast all over the country.

Paul Callan, weigh in quickly if you would the litigation that these universities could save if these kind of attacks happens on their campuses. Isn't that motivation enough to take super concrete steps to ensure that every kid coming into college knows, you do this kind of thing, you could go to prison for a very long time.

CALLAN: Not only go to prison, but the universities could be put out of business because there'll be such big civil lawsuits that frankly their insurance policies won't be able to cover it.

And something's changed in the boy culture out there that allows these kids at Vanderbilt to think they can do this to a woman and get away with it...

BANFIELD: Mr. DiPrieto do you need to answers to that? Do you have any answers? Has this always been happening and now we're seeing cell phone video of it? Or is there something new with young people, the extension of social media, the exposure to pornography, that kind of thing. Is there something that's causing these boys to do this kind of thing?

ROBBINS: Are you asking me? I'm sorry I didn't hear you.

BANFIELD: No, I was asking Mr. DiPrieto. Sorry, Mel. Go ahead Joseph.

DIPRIETO: I'm not sure whether there have been social changes or cultural changes, although I'm suspicious that's a possibility. But I think values in United States continue to change and we need to be better about educating people about our expectations.

And at our campuses we want to keep our students safe and in a great learning environment across the University of Tennessee system.

So we're being proactive as a result of regulations that came out of the Department of Education last October due to changes in the (inaudible) act and other policies that now put us in a position hopefully to get these group of people.

We planned this way in advance of knowing that the Vanderbilt case would come to conclusion yesterday. It was not done by -- it's done by chance that they fall on the same date.

BANFIELD: What are the reactions? I understand, yeah.

DIPRIETO: And, you know, I think the key here is we're being proactive about getting better at this and making part of our culture on campus a lot with our faculty, staff, and students and repeated training of students needs to go on.

Sexual assault is a crime of violence. And it should not brew on a college campus. And it doesn't provide the learning environment we want at the University of Tennessee.

BANFIELD: But you see the reaction of Brandon Vandenburg shaking his head at the guilty verdict. Can you wonder if he even understand how foul, how criminal, how despicable his behavior was. If he shakes his head at that, how many other boys out there will be shaking their heads too thinking they were just having a night of fun.

I have to leave it there, folks. Joseph DiPrieto, thank you so much for taking the time out of this busy time. I know you're in a two-day conference.

DIPRIETO: Thank you Ashleigh.

BANFIELD: Mel Robbins, as always thank you for your commentary and Paul Callan as well. Such a critical case and again, two more of those trials still to come. So we're going to watch that.

So this has taken more than five decades for the course, the court has finally tossed out the conviction for a group of civil rape protesters who are dubbed as the Friendship 9. Today their names are being cleared half a century.

After they became an inspiration to Martin Luther King Jr. and we're going to take you live to this story next.

(COMMERCIAL BREAK)

BANFIELD: You know justice delayed can be justice denied. You often hear that, but other times, today for instance, justice delayed can yield to actual justice and you're looking at it in that court room right now.

In Rock Hill, South Carolina today, a judge wiped out the trespassing convictions of a group of elderly black men forever known as the Friendship 9, known that way for the college that most of them attended a half century ago.

It was January 1961, 54 years ago this week that those men sat at a whites only lunch counter and then were promptly arrested. They were summarily tried and convicted, but then they did something different. They refused to pay the $100 fine choosing instead to serve out the 30 days of hard labor. And that strategy of "Jail no bail" went on to inspire thousands of fellow civil rights crusaders. Martin Luther King among them.

This morning the men's lawyer from 1961, there he is. That's awesome. He was back to argue their case in that court room with wholehearted agreement from the state judge, John C. Hayes issuing his ruling.

(BEGIN VIDEO CLIP)

JUDGE JOHN HAYES: We've been to ask convictions for trespassing in January of 1961 are vacated, null, void, and set aside.

(END VIDEO CLIP)

BANFIELD: By the way, that would be the nephew, that judge? That would be the nephew of the judge who actually did the sentencing which is part of my favorite aspect of the story.

My CNN colleague Victor Blackwell live in Rock Hill. It's such a wonderful story, but come on, 54 years, why now and why so long, Victor?

VICTOR BLACKWELL, CNN CORRESPONDENT: Well, Ashleigh there had been initiatives started over the past few years to try that and do something for the Friendship 9, by the way named because they were students of Friendship College.

But the solicitor says, people came to him with proposals of pardons and he though a pardon was inappropriate because a pardon is essentially asking for forgiveness. He says that these men didn't need a pardon, they needed justice.

I want you to listen to one of the Friendship 9, his name is Clarence Graham and he spoke about what are the importance of what they did in '61 actually means for today.

(BEGIN VIDEO CLIP)

CLARENCE GRAHAM, EXONERATED FRIENDSHIP 9 ACTIVIST: Well, we were not looking for any hero worship. We were simply chance students who was tired of the status quo. Trying being treated like sub-class citizens. Tired of being spat on. Hey, call me (inaudible) we got to title that.

(END VIDEO CLIP)

BLACKWELL: And Ashleigh, do you know it is also important that this came about here in Rock Hill, South Carolina where that small school didn't have enough money to continue to bail them out.

By shifting that financial burden from these organizations, paying the $100 over and over and forcing the local government to support these protesters for 30 days hard labor, it actually forced them to rethink the segregation of those lunch counters. And by 1962, the counter was integrated here in South Carolina.

BANFIELD: Yeah. Who wants to fund the program that's arresting you and putting you behind bars for what is your civil right.

Victor Blackwell, great story. Thank you so much for bringing it to us and it's just -- I just -- again, 54 years is a little too long, but at least its done.

Hey thanks everyone for watching. It's been great to have you Wolf starts right after this quick break.

(COMMERCIAL BREAK)