Batey was sentenced to 15 years in prison on July 15 after being found guilty of one count of aggravated rape, three counts of aggravated sexual battery, one count of facilitation of aggravated rape and two counts of attempted aggravated rape.
In the latest motion, the state, who prosecuted the case, says 11 letters in support of the former Vanderbilt football player were submitted to the court between July 7 and July 14.
Those letters were reportedly not submitted as part of the pre-sentence report nor as proof by Batey’s defense during the sentencing hearing.
The state says several of those letters “directly contradicted the state’s arguments presented at the sentencing hearing.”
According to the motion, the state believes it was “deprived of the opportunity to contest the contents of the letters, to question the veracity of the information contained in the letters, or to rebut the information by presenting testimony or submitting letters in response.”
Therefore, prosecutors say a new sentencing should be held.
The motion also says the court acknowledged being subjected to numerous communications by strangers and friends over a three-year period.
In light of that fact, the state is asking the court determine whether it’s personal knowledge of the facts requires this motion to be heard by another division of the Davidson County Criminal Court.