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Lawyer wants Vanderbilt rape convictions thrown out

By Danielle Haynes

NASHVILLE, Jan. 30 (UPI) -- The defense lawyer for a former Vanderbilt football player wants his client's rape conviction thrown out because one of the jurors didn't reveal they were sexually assaulted in the past.

Corey Batey and Brandon Vandenburg were convicted Tuesday of raping Vandenburg's ex-girlfriend in a dormitory on June 23, 2013, while she was unconscious. They were each found guilty of five counts of aggravated rape and two counts of aggravated sexual battery. Vandenburg was also found guilty of tampering with evidence and unlawful photography.

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But now Fletcher Long, Vandenburg's attorney, wants those convictions thrown out because he learned one of the jurors was sexually assaulted nearly 20 years ago and didn't disclose that information.

"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," Long said

He plans to file a motion to have the verdict vacated, meaning the judge could declare a mistrial and toss the convictions.

A lawyer for the juror issued a statement to ABC News, saying the "past situation has zero similarity to the facts presented within the Vanderbilt trial... nor did the past situation have any impact upon deliberations or decision-making in this case."

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Davidson County District Attorney Glenn Funk said he doesn't believe the new knowledge is enough to toss the convictions.

"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."

Batey and Vandenburg were scheduled to be sentenced March 6. Former teammates Brandon Banks and Jaborian "Tip" McKenzie, who are also charged in the rape, are still awaiting trial.

Meanwhile, three jurors from the trial told ABC News their decision to find Batey and Vandenburg guilty was largely due to the photographic and video evidence they saw.

"As soon as we saw the videos and photographic evidence ... we knew exactly who was guilty of what and what we were going to come back with," juror Todd Easter said. "What we knew is that a terrible crime had occurred."

"We are absolutely confident in that we made the right decision for every count," he said.

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