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Judge declares mistrial in rape case in Tennessee
02:00 - Source: WSMV

Story highlights

NEW: CNN affiliate reports defendants were released on bail Wednesday

The man who became jury foreman was involved in a prior rape case

Judge rules the juror compromised the trial by not revealing the information, wasn't "fair and impartial"

CNN  — 

Two former Vanderbilt football players who were convicted of rape and faced decades in prison might get a new trial after a judge declared a mistrial Tuesday in the case.

Davidson County Judge Monte Watkins ruled that one of the jurors was biased and not impartial.

Watkins said the man who became the jury foreman was the victim in a statutory rape case, information the man failed to disclose when asked during the selection process.

During a mistrial hearing last week, the man gave different answers than he did during jury selection for the case against Corey Lamont Batey, 21, and Brandon Robert Vandenburg, 21.

“These inconsistent statements provided during the hearing severely impacted Juror No. 9’s credibility,” Watkins wrote. “As a result, Juror No. 9 does not meet the standard required to be a fair and impartial juror.”

There were also other previous court appearances the juror didn’t mention, the judge wrote.

Batey and Vandenburg each were convicted in January on four counts of aggravated rape, one count of attempted aggravated rape and two counts of aggravated sexual battery. Vandenburg was also convicted of tampering with evidence and unlawful photography. He had been accused of taking an unconscious Vanderbilt woman into a building on campus in June 2013. Vanderbilt is in Nashville.

He allegedly was joined in his dorm room by three other now-former Vanderbilt football players who were also indicted.

Prosecutors in the office of District Attorney General Glenn Funk said they would request a new trial “as soon as possible.”

The defense didn’t request a new trial but in his ruling, Watkins wrote that one is necessary.

CNN affiliate WKRN reported the parties gathered in chambers Wednesday morning to discuss the next steps in the case and the two defendants were freed on their original bonds. Watkins didn’t schedule a new trial yet, the station said, but advised prosecutors and the defense he could adjust his calendar.

The first trial lasted 12 days.

Two other former players – Brandon Banks and Jaborian McKenzie – have been charged but are yet to face trial in the case. They have pleaded not guilty.

Aggravated rape is a Class A felony punishable by 15 to 80 years in prison.