7 questions about Vanderbilt rape case mistrial requests

A Nashville criminal court judge will consider Monday whether two former Vanderbilt University football players convicted of raping an unconscious student should get a new trial.

Here are seven questions and answers to get you up to speed with what's going on — and what could happen — in the high-profile case.

Who are we talking about?

Brandon Vandenburg and Cory Batey, both 21, were convicted of multiple counts of aggravated rape, aggravated sexual battery and other charges after a 12-day jury trial in January. According to evidence, including graphic images and videos shown during trial, Batey sexually assaulted an unconscious student in a dorm in June 2013 while Vandenburg encouraged the act.

Why haven't they been sentenced?

Defense lawyers have been gearing up to make the case that Vandenburg and Batey did not get a fair trial because one juror may have been biased. They had to wait on transcripts of the trial, which took several months.

What's the issue with the juror?

Vandenburg's and Batey's attorneys say that the juror did not disclose in jury selection that he had been the victim in a statutory rape case. They say they only found out when another man convicted of the crime came forward. They say the juror intentionally withheld that information so he could serve on the jury and could not have been impartial.

If the judge says the juror should have disclosed the information, what happens?

Criminal Court Judge Monte Watkins would grant a mistrial and set a new trial date. It's possible that prosecutors and defense attorneys would try and work out a plea agreement to avoid a second trial.

Are Vandenburg and Batey in jail, and could they get out?

They have been in jail since the verdict on Jan. 27. If the judge declares a mistrial, defense attorneys could ask that Vandenburg and Batey be released while they wait for a new trial.

Is this routine? Or just an attempt to delay sentencing?

Asking for a mistrial after a jury has delivered a verdict is rare, according to The Tennessean's legal analysts. Most mistrial requests are made during a trial, but in this case sandwiching it between the verdict and sentencing could have benefits.

"I think it's a good move to file the motion prior to sentencing," said Rob McKinney, a Nashville attorney. "Why put the victim through all this (sentencing) testimony if the court is going to grant the mistrial?"

What's next?

Two other former football players, Jaborian "Tip" McKenzie, 20, and Brandon E. Banks, 21, were also charged and are awaiting trial. No dates have been set in their case.

Also pending in court: The Tennessean and a coalition of media agencies are suing Metro government for access to records — such as text messages between Vanderbilt players and coaches — that police reviewed as part of the investigation. The Tennessee Supreme Court is considering that case.

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