
A mistrial has been granted Tuesday afternoon in the case against two former Vanderbilt football players who were convicted of rape. The judge’s ruling means prosecutors could have to re-try defendants Brandon Vandenburg and Cory Batey before an entirely new jury.
The mistrial was requested because a juror did not disclose that he had been a victim of statutory rape.
Judge Monte Watkins wrote in his ruling that it’s “hard to believe that the incident never crossed the juror’s mind” during jury selection, when jurors were specifically asked about past experiences with sexual assault.
Watkins wrote that the evidence presented at the mistrial hearing is enough to show jury bias, and makes a new trial “necessary and appropriate” to fairly try the defendants.
Batey and Vandenburg were convicted in January for raping a female student in a dorm room in June 2013.
The defendants will be back in court Wednesday morning to request that their bonds be reinstated.
