It originally took the jury just two hours to convict Brandon Vandenburg and Cory Batey

By Tara Fowler
June 24, 2015 08:00 AM
Mark Humphrey/AP(2)

A judge has declared a mistrial in a Vanderbilt rape case five months after two of the school’s former football players were convicted of raping a young woman in June 2013.

It originally took the jury just two hours to convict Brandon Vandenburg and Cory Batey, who were each charged with five counts of aggravated rape and two counts of aggravated sexual battery.

However, that verdict has been thrown out after it was revealed that one juror failed to disclose the fact that he was a victim of statutory rape, according to WTVF.

When he was 16 years old, a male juror had a consensual relationship with a 23-year-old man. After his parents found out about it, the man, identified as Matthew Swift, was charged with statutory rape, according to multiple news reports.

Swift spoke about the case to a local news station, which prompted the defense to ask for a mistrial.

Prosecutors have insisted that the juror’s history did not affect the jury’s decision.

Vandenburg and Batey’s alleged victim testified in January that she had no memory of the assault until she saw a video of it. In fact, she tried to protect Vandenburg when the school first opened an investigation.

“I’ll do everything I can to clear your name,” she wrote in a text to the football player.

But when she took the stand earlier this year, prosecutors played the graphic video for the jury. “That’s me,” the victim testified.

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