I am not happy about this. I feel very sorry for the victim.
And the juror who caused the mistrial…wth?
Just read this. I remember reading about this juror right after the verdict and wondering what would happen. The juror himself said he did not consider what happened to him a rape (he was 16, his partner 23), and thus he was not biased:
“The juror did not consider himself a victim because the charges stemmed from a “consensual relationship with a man seven or eight years older than him.” The juror testified in court last Monday that the relationship was “inconsequential” when it came to his ability to be a partial, unbiased juror in the case. Additionally, the juror said his parents were the ones who pursued charges in the statutory rape case, not him.” (from the article above)
But I guess in the eyes of the law it does not matter that he considered himself impartial and not a victim. Or maybe the judge had his own agenda here?
The prosecution says they will retry. I feel badly for the victim having to go through this again.
Wow - why can’t people just answer truthfully? Did he think they wouldn’t find out or didn’t already know ahead and hold it close to the vest to play for the mistrial?
I thought that’s why alternates are available, for dummies who forget that they lied when they were picked as jurors.
This came out after the fact, though. They were already convicted. Had it come out earlier they could have swapped in an alternate.
This makes me sick. I understand why the judge did it. I don’t like it, but I understand.
This is so upsetting. The poor victim…I just cannot imagine how awful this news must be for her.
Given the compelling evidence that was presented at the first trial, this is a case that potentially could be settled by a plea bargain. The prosecutors and defense may talk tough in public, but I would expect there will be behind the scenes discussions going on pretty quickly. Both sides have substantial reasons for not wishing to go through a trial all over again.
I hope you’re right, MidwestDad3. The prosecutor doesn’t want to put the vicim through another trial, but I bet she’d agree to go through another trial to make sure they were put away. And there is just no way that any jury is going to acquit those creeps. So a plea bargain makes sense.
I think the juror’s explanation sounds honest and not deceptive. I do not see any way that this could have changed the outcome of this trial.
The prosecutor will look foolish to offer a plea deal. The result of a retrial is as certain as it gets. The prosecutor should see that and use the retrial opportunity to bring additional charges against the defendants. By getting this verdict thrown out, the defendants may wind up in prison even longer.
A mistrial is better than an overturned conviction based on appeal.
The juror said he didn’t consider himself a victim because it was a consensual relationship.
He was a minor at the time and the law makes it a crime.
I watched most of the trial live. The judge let Fletcher Long badger the witnesses during testimony. I was shocked several times at the way he conducted his courtroom.
As for a retrial, I just don’t know. Some of the local callers to the televsion station during the broadcast clearly blamed the victim. I feared a hung jury during the first trial and think that could really happen during a retrial.
As for Brandon Vandenburg he is the lowest level of scum on the earth.
You can’t bring new charges in the second trial. Most criminal prosecutors I know hate having to retry a case because their evidence generally gets weaker with the passage of time, and the defense gets better (because they have had a look at the prosecution’s case already). Plus all of the double jeopardy issues (can’t try someone twice) that always seem to crop up. Personally, I am shocked that the juror lied about his background on what I assume was a pretty standard jury questionnaire.
Was the juror’s case OOS? I know he was a juvenile at the time, but I’m really surprised a database didn’t pick it up before voir dire. The prosecution, in particular, should have known about this.
Also, while the juror obviously bears some responsibility, I’m wondering what question was asked, and how it was asked.
Likely that a normal juror background check would not have popped the earlier case because he was a juvenile and the case was sealed. And yeah, the basic jury venire form asks have you ever been the victim of a crime which I guess he can say he answered truthfully because he didn’t consider it criminal, but it also usually asks have you ever testified in a court of law, and I don’t know why he says he answered that negatively. Certainly if he answered that question affirmatively it would have generated a question in viore dire (jury selection) and if he was honest I assume he would have been excused y the judge.
My heart also aches for the victim @dstark. Having been through a trial as the victim, I can honestly attest to the fact that you feel completely victimized again. @MaterS - The judge will allow the defense incredible leeway with the victim during testimony because of the serious consequences of a conviction. During my testimony, I remember looking at the DA and begging her with my eyes to intervene as the defense threw everything but the kitchen sink at me. After the fact, the DA told me that I was holding my own and she was watching the reaction of the jury and realized that they were not buying anything that the defense was selling. My sister told me that she saw one of the jurors actually roll her eyes when I was on the stand for my second day of testimony.
The only silver lining in this situation is that the victim will not have to wait the several years that it would have taken for this case to go through the appeals process with the likelihood of the same decision being made that was made by the trial court. I knew that there was no way that the court would let this stand given what was revealed about the juror. Having been in this position, I am not sure that I would have been able to withstand another trial. If you have not been through this, you cannot understand the incredible toll it takes on you. If it was even legally possible, I certainly would have been open to a plea bargain instead of going through another trial if my attacker’s conviction had been overturned on appeal. I am just so thankful that his conviction was upheld on appeal.
@momofmusician17, your post is insightful and powerful! Thanks for sharing your story. I am sorry you had to go through what you went through.
He probably didn’t. If it was a consensual relationship and the only issue was the age of the victim, it was probably plea bargained.
@jonri, yeah, that is probably true
Vandenberg sentenced today to 17 years