Judge Declares Mistrial in Vanderbilt Rape Case Because Juror Hid Being Victim of Sex Assault, Documents Say

Two football players previously convicted of rape are now getting a new trial.

June 23, 2015, 5:25 PM

— -- The judge in the Vanderbilt University rape case has declared a mistrial, tossing out the verdict for football players Brandon Vandenburg and Cory Batey, who were previously convicted on multiple counts of aggravated rape.

Judge Monte Watkins handed down the ruling Tuesday, which entitles the men to a new trial, in an eight-page written order obtained by ABC News, because the jury foreman failed to disclose that he was once the victim of statutory rape, according to the order.

Lawyers for both defendants will be in court tomorrow at 9 a.m. to ask that their bail, set at $350,000 each, be reinstated so the men can leave jail.

The prosecution can appeal this mistrial ruling.

Vandenburg and Batey were previously found guilty of four counts of aggravated rape, one count of attempted aggravated rape and two counts of aggravated sexual battery. Vandenburg was also found guilty of tampering with evidence and unlawful photography after prosecutors claimed he recorded a sexual assault of a female classmate on his phone and shared it with friends.

Prosecutors said the victim, a 21-year-old former neuroscience major and dance team member at the university, was drunk and passed out during the alleged 2013 attack.

The defense argued the young men were not guilty of rape, but rather of making a mistake. Batey's lawyer, Worrick Robinson, claimed that college culture put his client in the situation, but the jurors said they weren't buying that argument.

Two other ex-players accused of being involved in the incident, Brandon Banks and Jaborian McKenzie, also face rape and sexual battery charges, but have not yet gone to trial. They have pleaded not guilty.

ABC News' Lauren Effron contributed to this report.