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Attorney wants mistrial declared in Vanderbilt rape case

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    Attorney Fletcher Long gives his final argument to the jury during the trial of Brandon Vandenburg and Cory Batey on Tuesday

NASHVILLE, Tenn. » An attorney for one of the ex-Vanderbilt University football players convicted of raping an unconscious fellow student says he will ask that a mistrial be declared after learning that a jury member was a rape victim.

Fletcher Long says the juror was asked during jury selection about past experience with the criminal justice system, as either a victim or defendant. Long says the juror failed to disclose the rape.

Long said the person "lied to get on the jury" and "got on with an agenda."

The juror’s attorney, Sunny Eaton, said her client did not make misrepresentations. Eaton said the juror’s past had "no impact whatsoever" on decision-making at trial.

The Associated Press does not generally identify sexual-assault victims.

A spokeswoman for prosecutors said they do not believe the issue will overturn the verdict.

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