Prosecutors: Juror did nothing wrong in Vanderbilt trial

Prosecutors say a Nashville judge should not declare a mistrial in the case of two former Vanderbilt University football players convicted of rape, and they rebutted defense claims that one juror intentionally did not disclose he was a victim of statutory rape.

Instead, they argue the juror never considered himself a victim and made no attempts to sway other jury members who heard the Vanderbilt case. Because of that, they argue there is no ground for a new trial.

Criminal Court Judge Monte Watkins is expected to hear defense motions Monday that ask for a new trial for Brandon Vandenburg and Cory Batey, both 21. The men were convicted of aggravated rape and other charges after a more than two-week jury trial in January.

After the trial, it came to light that one juror was a victim of rape. Defense attorneys for Batey and Vandenburg said the juror could not have been unbiased and impartial and argued, in court filings, for a new trial.

In a response unsealed by the judge Thursday, the assistant district attorneys who handled the trial argue the opposite.

They say the juror's relationship in 2000 was "wholly consensual in his mind, therefore, he never considered himself a victim." They argue that the jurors' parents initiated the case and say he was never called as a witness. The Tennessean does not name victims of sexual assault.

Prosecutors say the juror wasn't thinking about the past case when he was called as a potential juror in the Vanderbilt rape trial. Defense attorneys, however, say he intentionally withheld information to get on the jury.

The prosecutors also argue that the juror never attempted to influence other members of the jury. They cite other cases when judges have found jurors to be impartial after the jurors withheld information and used their backgrounds to influence other jurors in deliberations.

"Nothing remotely close to that occurred in this case," their court filing reads.

Reach Stacey Barchenger at 615-726-8968 or on Twitter @sbarchenger.