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alp227

(32,079 posts)
Tue Jun 23, 2015, 05:15 PM Jun 2015

Judge grants mistrial in Vanderbilt rape case

Source: The Tennessean

Nashville Criminal Court Judge Monte Watkins has granted a mistrial for two former Vanderbilt University football players convicted of rape.

"The defendants have a right to a fair and impartial trial, a right that was violated by juror #9's conduct," his order, released Tuesday afternoon, reads.

Defense attorneys will gather in court at 9 a.m. Wednesday to request bonds be reinstated for Brandon Vandenburg, 22, and Cory Batey, 21. Both men were out on bond awaiting trial.

They were convicted of multiple counts of aggravated rape, aggravated sexual battery and other charges after a 12-day jury trial in January. The trial received national media attention and unfolded amid an ongoing debate on how colleges handle sexual assaults on campus.

Read more: http://www.tennessean.com/story/news/crime/2015/06/23/judge-rules-vanderbilt-rape-mistrial/29135323/

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Judge grants mistrial in Vanderbilt rape case (Original Post) alp227 Jun 2015 OP
Never mind. Iggo Jun 2015 #1
Well, I guess they had to do it. At least they'll retry. nt 7962 Jun 2015 #2
will there be a new trial? nt Veldrick Jun 2015 #3
Correct decision by the Judge rpannier Jun 2015 #4
So if you're the victim of a previous crime .... rizlaplus Jun 2015 #5
Not if the crime melm00se Jun 2015 #6
Not if you lie about it when asked during selection. davepc Jun 2015 #7
Yes, you can, BUT MosheFeingold Jun 2015 #8

rpannier

(24,352 posts)
4. Correct decision by the Judge
Tue Jun 23, 2015, 07:14 PM
Jun 2015

from the article

After trial, defense attorneys discovered one juror was a victim in a statutory rape case 15 years ago. They argued on June 15 that the judge should declare a mistrial because that juror could not have been impartial based on his own personal experience. They said the juror intentionally did not disclose that past experience because he wanted to get on the jury.


********
Whatever reason juror 9 chose for not releasing the information, it still violated the defendants rights to a fair trial

melm00se

(4,998 posts)
6. Not if the crime
Wed Jun 24, 2015, 08:57 AM
Jun 2015

would have a direct bearing on the case.

if someone was raped, they couldn't sit on a jury for a rape trial.
if someone was assaulted, they couldn't sit on a jury for an assault trial.
etc.

MosheFeingold

(3,051 posts)
8. Yes, you can, BUT
Wed Jun 24, 2015, 10:31 AM
Jun 2015

You would have to disclose it, so as to allow the Defense (or prosecution) the opportunity to strike you.

He did not disclose he was molested as a young teen by an older man because he deemed the relationship consensual, even though the older man was convicted of statutory rape.

Pretty significant to "forget" this and rather misleading, so the re-trial is in order.

Shame the juror can't be punished. He's forcing the victim to relive another trial.

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