Judge grants mistrial in Vanderbilt rape case

Two former Vanderbilt University football players found guilty of raping an unconscious student learned Tuesday — two years to the day after the rape — they could get a new trial.

Nashville Criminal Court Judge Monte Watkins declared a mistrial in the case against Brandon Vandenburg, 22, and Cory Batey, 21. The ex-players have been in custody since a jury found them guilty Jan. 27 of aggravated rape, attempted aggravated rape and aggravated sexual battery charges.

Watkins granted defense mistrial motions, saying one juror who heard the case was biased. The juror did not disclose that he was a past victim of a sexual assault.

"Our system of justice cannot tolerate a trial with a tainted juror regardless of the strength of the evidence against the defendant," Watkins said a written decision.

RELATED:Read the judge's order

The judge said that "granting a new trial is necessary and appropriate in order to promote a fair determination of the defendants' guilt or innocence."

Watkins and the attorneys in the case will meet in court Wednesday morning, and defense attorneys will ask that Vandenburg and Batey be released from jail pending a new trial date.

Defense attorneys call the mistrial a win for the justice system, but victims advocates say it could be a step back. The case and trial occurred amid growing national attention on sexual assaults on college campuses. Some advocates said publicity of the Vanderbilt case encouraged victims to come forward.

After Tuesday's mistrial ruling, they worried that might change.

"I think the mistrial does have an effect for other victims who are thinking about coming forward, and feeling as though the system may not work for them," said Kathy Walsh, executive director of the Tennessee Coalition to End Domestic and Sexual Violence. She said it was "disappointing" the victim in this case may have to endure two trials.

The victim, who was 21 and unconscious at the time of the rape, attended each day of the trial and testified. Her attorneys declined to comment Tuesday.

Police officials and prosecutors promised they would seek a new trial.

"This ruling does not, in any way, affect the evidence that exists; nor does it affect the state's resolve to vigorously pursue justice in this matter," a statement from the Nashville District Attorney's Office reads. "Justice may be delayed but it will not be denied."

Nashville Police Chief Steve Anderson said in a statement that his detectives' resolve to "seek justice on behalf of the courageous victim in this case is as strong today as when the investigation began."

But when a new trial date can be set is yet to be determined.

RELATED: Vandy rape trial juror pressed about being rape victim

Randall Reagan, an attorney for Vandenburg, said he was working at his home office when he found out about the mistrial decision. Just a few hours later he was in a car headed from Morristown to Nashville, hoping to visit Vandenburg on Tuesday night.

"Obviously we're very pleased about the ruling, not only for what it means for Brandon Vandenburg but also what it means for our system of justice," he said.

Reagan and Troy Bowlin, also based in East Tennessee, were hired to represent Vandenburg after the trial. Because they did not work on the case previously, it could mean a further delay in a new trial date to give them time to review the case.

On June 15, Bowlin, Reagan and Batey's attorney, Worrick Robinson, argued for a mistrial, saying juror Todd Easter did not disclose the information about his past and as a result was biased.

After Easter appeared in media interviews after the January trial, a man came forward and said he had been convicted in a past case involving Easter.

The Tennessean does not typically name sexual assault victims. Easter's attorney, Sunny Eaton, agreed Tuesday that Easter could be identified in this case.

At the hearing last week, Easter said the case in Sumner County involved a consensual relationship when he was a teen with a man who was seven or eight years older. Easter said he did not consider himself a victim.

Eaton issued a statement on Easter's behalf, saying that Easter maintains he did not lie during the jury selection process. "He has immense remorse about the impact this is having on the victim and parties involved," Eaton said.

Prosecutors argued that Easter did not consider himself a victim and that's why he did not speak up. They said he did not try to influence other jurors and so the verdict should stand.

But the judge in his decision noted the juror's credibility was suspect.

When asked in jury selection, Easter said his past involvement with the justice system was a minor marijuana charge. During the mistrial hearing, the juror acknowledged he'd also been in court for traffic tickets and another incident when he was a juvenile.

Watkins wrote that he found it hard to believe that the juror, when asked if he knew a victim of sexual assault, did not think of the 2000 Sumner County case, an incident that left him in counseling for 18 months and resulted in a prison sentence for his former boyfriend.

Graphic photos and video, taken by the players of the rape, was shown to the jury during trial. Two other former football players, Brandon E. Banks and Jaborian "Tip" McKenzie, also are charged in the case and are awaiting trial.

Jim Todd, a Nashville attorney who analyzed the case for The Tennessean, said Watkins followed the law in his ruling. "I think it's a victory for everyone's right to a fair and impartial jury," Todd said. "I think it was an incredibly difficult and courageous decision for Judge Watkins."

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