NASHVILLE, Tenn. - The judge will consider a mistrial motion brought before the court by the attorneys of two former Vanderbilt football players convicted of raping a fellow student.
Defense attorneys for Brandon Vandenburg and Corey Batey have asked for a mistrial, saying the two didn't get a fair trial because a jury member failed to disclose the fact that he had been a victim of statutory rape.
Attorneys questioned the former jury foreman Todd Easter all day Monday. During jury selection Easter failed to disclose that when he was 16-years-old, he was in a consensual relationship with a 23-year-old man.
"I was in the same state of mind anyone who went through a tragic breakup. I was heartbroken," said Easter.
After Todd's parents found out about the relationship, the man was charged with statutory rape. Technically making Easter a victim.
"I was asked if I considered myself a victim and I said no," Easter testified.
None of this though was ever conveyed during jury selection. Defense attorneys argue in no way would they have allowed the 31-year-old to be a juror.
Prosecutors believe the motion should be thrown out arguing Todd Easter didn't influence any other jurors decisions.
Leonardo said, "They would be entitled to bond, and they would get a bond issued and then they would proceed to trial again or the case would be resolved in some sort of plea bargain."
Vandenburg and Batey would go back to prison.
(The Associated Press contributed to this report.)
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