Mistrial declared in Vanderbilt University rape case

By Tim Ghianni

NASHVILLE, Tenn. (Reuters) - A Tennessee judge on Tuesday declared a mistrial in a rape case against two former Vanderbilt University football players because a juror had failed to disclose that he was himself a rape victim, according to court documents.

Judge Monte Watkins set aside the January verdict against Cory Batey, 21, and Brandon Vandenburg, 22, who were convicted of aggravated rape and aggravated sexual battery for an assault on an unconscious female student.

"Our system of justice cannot tolerate a trial with a tainted juror regardless of the strength of the evidence against the defendant," Watkins wrote in his ruling.

Prosecutors said they would ask for a new trial date to be set as soon as possible. They had accused four Vanderbilt football players of raping the woman in June 2013, an assault they said was proved by what the defendants recorded on a cell phone.

The case came at a time of heightened scrutiny of sexual assault on campus.

Prosecutors had argued that the juror did not see himself as a victim in that case, which involved a consensual sexual relationship with an adult male when he was a teenager.

The other two former Vanderbilt players, Brandon Banks and Jaborian McKenzie, are awaiting trial.

The office of District Attorney Glenn Funk said in a statement that while it respected the judge's decision, it does not affect the evidence, or the state's resolve.

"Justice may be delayed but it will not be denied," the statement said.

Nashville Police Chief Steve Anderson called the victim in the case "courageous" and said officers will be prepared to present their findings again in future proceedings.

Defense attorneys were not immediately available for comment.

A bond hearing for Batey and Vandenburg, who are in custody, will be held on Wednesday.

(Additional reporting by Mary Wisniewski in Chicago and David Bailey in Minneapolis; Editing by Eric Walsh and Mohammad Zargham)