Judge cites 'tainted juror,' grants mistrial to former football players in rape case
A Tennessee judge on Monday cited a “tainted juror” when he granted a mistrial in the case of two football players found guilty in the rape of an unconscious woman.
Judge Monte Watkins of Nashville said the juror, who was elected foreman, had failed to disclose during voir dire that he was the victim and key witness in a statutory rape case, the Tennessean reports.
Watkins’ order declared a mistrial in the case against former Vanderbilt University football players Brandon Vandenburg, 22, and Cory Batey, 21, who were found guilty in January of aggravated rape, attempted aggravated rape and aggravated sexual battery. Vandenburg’s lawyer said his client recorded the assault but did not participate in it, while Batey testified he was “drunk out of my mind” during the incident.
“Our system of justice cannot tolerate a trial with a tainted juror regardless of the strength of the evidence against the defendant,” Watkins wrote.
The juror’s past experience with the criminal justice system came to light when he gave interviews to the media. The defendant in the prior case recognized the juror, and called defense lawyers. The juror, identified as Juror No. 9, testified in a hearing last week that he didn’t consider himself a victim in the prior case because his relationship was consensual. The juror was a teen at the time of the relationship and the defendant was seven or eight years older.
Juror No. 9 testified that the statutory rape case never crossed his mind during voir dire. Watkins questioned that testimony.
“The court finds it difficult to believe,” Watkins wrote, “that being a named victim in a 23-count indictment” never crossed the juror’s mind. “This is so,” Watkins said, “because Juror No. 9 underwent approximately 18 months of counseling, the family purchased a home security system to help him feel safe from threats, and his mother’s victim impact statement during sentencing indicated that the case caused significant turmoil within the family.”
Prosecutors said they would continue to pursue the case against the football players. “Justice may be delayed but it will not be denied,” the Nashville District Attorney’s office said in a statement.
