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/
Iggo
(47,599 posts)Got it from a different source.
7962
(11,841 posts)Veldrick
(73 posts)rpannier
(24,352 posts)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.
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Whatever reason juror 9 chose for not releasing the information, it still violated the defendants rights to a fair trial
rizlaplus
(159 posts).. you can't do juror service?
melm00se
(4,998 posts)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.
davepc
(3,936 posts)MosheFeingold
(3,051 posts)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.