Could juror who caused Vanderbilt rape mistrial be charged?

The juror who caused a mistrial in the rape case against two former Vanderbilt University football players issued a statement Tuesday expressing "immense remorse" for the impact of his actions.

Whether the juror faces charges could depend on whether prosecutors can prove he intentionally lied during jury selection, according to legal analysts.

District Attorney Glenn Funk said on Wednesday that it was "premature" to discuss whether Todd Easter, the juror, would be charged.

While under oath in jury selection in the rape case, Easter did not disclose he was a victim in a statutory rape case in Sumner County 15 years ago. He was asked questions such as whether he knew anyone who was a victim of sexual assault, and what his past involvement was in the justice system.

The Tennessean does not typically name victims of sexual assault, but is doing so in this case with the permission of Easter's attorney.

Jim Todd, a Nashville attorney who has analyzed the case for The Tennessean, said a perjury charge might be hard to prove because it would require proof that Easter intentionally withheld information. (In a hearing, Easter testified that the past case didn't come to his mind until after trial. In a statement on Tuesday, he maintained he did not lie).

Here's Tennessee's perjury law:

(a) A person commits an offense who, with intent to deceive:

(1) Makes a false statement, under oath;

(2) Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath;

(3) Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury; or

(4) Makes a false statement, not under oath, but in a declaration stating on its face that it is made under penalty of perjury.

"I think because (the element of the crime that involves a person's intent) is so high, it's unlikely they'll pursue charges against him," Todd said.

But Rob McGuire, a former Nashville assistant district attorney who is now in private practice, said there could be a case.

"If prosecutors pursued a perjury charge, I think there would be persuasive circumstantial evidence that this juror decided not to disclose pertinent information so that he could remain on the jury," he said. "It seems logical to me that he realized that if he disclosed having been a sexual assault victim, he would have very likely been excused by one of the parties."

Perjury is a misdemeanor crime punishable by probation or up to a year in jail.

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