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Verdicts of Vanderbilt Football Players May Get Thrown Out, Juror Failed To Disclose They were A Victim of Rape

January 31, 2015  |  Posted by: Giovanni DePhillips
Verdicts of Vanderbilt Football Players May Get Thrown Out, Juror Failed To Disclose They were A Victim of Rape Image courtesy of courtchatter.com

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NASHVILLE, Tenn. – Defense attorneys for Brandon Vandenburg are filing a motion to have the jury verdict thrown out after learning one juror wasn’t forthcoming with information that he or she was the victim of sexual violence.

NewsChannel 5 has independently verified that juror was the victim of rape nearly two decades ago, but never disclosed that information during the jury selection process. Defense attorneys now plan on filing a motion to have the jury vacated.

“It would’ve been useful to know this information in a case that had some of the same types of scenarios and allegations to which [the juror] had been a victim. It’s incredible they didn’t think that information was warranted,” said Fletcher Long, who defended Brandon Vandenburg in the high-profile rape case.

“It could cause a mistrial, it could cost the entire case,” he added.

The overriding question, Long said, is whether or not the juror lied during the vetting process when asked about his or her history with the judicial system.

Long said he remembers questioning this particular juror and was never informed the person was a victim of rape.

“I sincerely hope the government investigates this individual and this matter,” Long added.

But Davidson County District Attorney Glenn Funk feels these revelations are not enough to overturn the jury decision to convict Brandon Vandenburg and Cory Batey of raping a female student inside a Vanderbilt dorm room in June 2013.

“One of the good things about a jury is we all bring our own experiences into the jury box and deliberation room and we want a jury with a variety of experiences, I do not think in this instance would cause there to be any problem with the verdict,” Funk said.

“I expect the defense to argue over anything but I do not think this would disturb the verdict in any way,” he added.

The issue will likely be brought up during a sentencing hearing for both men on March 6.

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