this is "nightline." >> tonight, vanderbilt mistrial. the revelation that got these convicted rain rapists off the hook, for now. why a judge is tossing the verdict against the former college football players, found guilty on multiple counts of aggravated rape. and what they're now facing. the new boast-wordy beverage isn't fine wine or artis natural alcohol. it's water. restaurants are pulling out all the stops to keep up with demand for designer water. from water tastings to water sommeliers. is it worth the price tag? doctors behaving badly. this anesthesiologist was caught insulting a patient and even giving him a false diagnosis. the outrage and expensive

consequences. but first the "nightline 5." the e class has 11 intelligent driver assist systems. it recognizes pedestrians and alerts you. warns you about incoming cross traffic. cameras and radar detect dangers you don't. and it can even stop by itself. so in this crash test one thing's missing. a crash. class from mercedes-benz. >> number one in just 60 seconds.

good evening. thanks for joining us. outrage as one juror's secret triggers a stunning mistrial in the vanderbilt rape case. all this after the alleged victim testified in front of the former football players and even

got an apology in court. today's twist means that for now, two of them are walking free. a bombshell reversal in that explosive vanderbilt rape case. brandon vandenberg and corey beatty two former vanderbilt university football players, convicted only months ago of aggravated rape today walking free for now. >> do you have anything to say? >> how do you feel? >> he has no comment. no comment. >> shedding the orange jumpsuits they wore this morning, the two now released on bond witgps ankle bracelets after a tennessee judge declared a mistrial citing juror bias. >> it's quite stunning that a judge was willing to overturn the verdict, to throw out all the work that they had done. any time a judge throws out a verdict like this orders a new trial, it's a big deal. >> reporter: that after learning this jury foreman, todd easter failed to reveal during pretrial

questioning that he himself had been a victim of sexual assault. >> that i'd been -- sort of inconsequential at this point in my life. >> reporter: in his eight-page ruling judge watkins wrote, juror 9 concealed information during the voir dire process, adding our system of justice cannot tolerate a trial with a tainted juror. >> the fact that this woman has to go through another trial feels like a travesty. >> reporter: the case shook the university and the nation. an alleged crime that might have gone undetected had it not been for surveillance and cell phone video, as well as text messages about an alleged cover-up. it all began two summers agot this nashville bar. the tin roof. 20-year-old brandon vandenberg star recruit from palm desert california, and the alleged victim, a 21-year-old female member of the dance and spirit team engage in a night of heavy drinking. >> she woke up, she didn't know what happened. >> reporter: in the trial she described the last thing she remembered from that night, sipping a blue beverage.

her voice altered by abc news to protect her identity. >> did you finish the blue drink? >> i did not -- well i don't remember finishing it. >> what's the next thing that you remember? >> i remember waking up in an unfamiliar room at 8-something the next morning. >> reporter: in this surveillance video we see brandon vandenberg and his teammates dragging a woman out of the elevator in his dorm at 2:35 a.m. then moving her down the hall into his room. 2:13. a half hour later, vandenberg wearing red shorts walks out with a towel on his head and throws it over surveillance camera. >> they were in complete cover-up mode. >> reporter: the most damning evidence against the defendants video of the alleged assault taken on brandon vandenberg's phone. >> he is laughing hysterically. you see him pull his phone out of his pocket because he's going to take a video, this is so funny. >> reporter: police discovered the cell phone video was sent to vandenberg's friend miles

finley. >> the video i got was just of this black dude playing with a girl on the floor. and that's it. >> playing with a girl on the floor how? what were they playing? >> doing stuff between hareer legs. >> reporter: finley warned him, she can call rape delete that expletive. vandenberg's attorney claimed his client was a bystander and his only crime was taking picture pictures. >> he took photographs he never should have taken. he exercised judgment that was deplorable. he these had the sense in the aftermath to be upset by it. >> reporter: corey beatty who is allegedly seen assaulting the victim in the video, took the stand and made a stunning admission. >> i was just drunk. drunk out of my mind. this is something i would never do in my right state of mind. i'm just sorry. >> do you take responsibility for your conduct? >> after seeing the footage, i do.

it was me. >> reporter: and then he addressed the alleged victim directly. >> i would like to extend a personal apology to -- >> reporter: the jury had a verdict delivered by juror number 9. the foreman, todd easter. >> in regards to mr. vandenberg count one we find mr. vandenberg guilty of aggravated rape. >> reporter: an outcry from his father. then beatty's conviction was read. >> guilty of aggravated rape guilty of attempted aggravated rape guilty of attempted aggravated sexual battery. >> reporter: at the time nobody had any idea he might be hiding a secret and easter seemed eager to tell his story to nashville's news channel 5. >> i wanted to read it to them to their face. >> reporter: in this interview following the trial, easter recounted to abc's ryan smith --

>> your first job is to appoint a foreperson. tell me how that happened. >> well i -- >> you're both smiling at todd. as if it was a foregone >> he volunteered. >> i volunteered. >> reporter: he describes his reaction to the evidence. >> this blows your mind. how graphic and depraved it is. but it's our job to use that to come to a decision about the case. we are absolutely confident that we made the right decision for every count. >> reporter: ironically, if easter hadn't talked to the press, his secret might never have come to light. but after seeing these interviews convicted rapist james matthew swift came forward to defense attorneys, revealing that easter was a key witness in a statute reignstatutory rape case against him, in fact the victim of the crime. >> he was asked a lot of questions in jury selection that should have elicited a response

that brought this to light. >> reporter: last week the judge held a hearing to find out what happened. and juror number 9 faced tough questions. >> did matt swift ever come to mind? just matt swift at all? >> the first time matt swift came to mind when is his name was given to me by a reporter after the verdict. >> it's hard to believe it just slipped his mind. the question becomes, why? >> reporter: easter said he didn't view his assault as rape. >> your relationship with mr. swift was some 15 years ago. >> yes, sir. >> and at that time still you believe you were a victim of any sexual assault or rape? >> absolutely not. >> it was all consensual? >> correct. >> his position is he was 16 that it was a lover, not a rapist who was 23. but he was as a technical legal

matter a rape victim. whether he viewed himself as such or not. >> reporter: and today the nightmare for every prosecutor came to pass. >> the conviction is gone. the conviction doesn't exist anymore. there is no conviction. and so as a legal matter you have to go back to square one. >> reporter: in a statement to abc news, easter's attorney writes his client stands by his original statement that he neither lied nor intentionally misrepresented himself during the jury selection process. despite the evidence against them vandenberg and beatty are free on bond tonight and presumed innocent. in addition to wearing those gps ankle bracelets, both men must check in with bondsmen once a week while awaiting their fate. up next changing gears. h 2o-my-god that's expensive. why designer water is flooding the market.

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first it was artisnal cheese wine then coffee. now water. that's right. the hottest new drink on the market tastes like nothing. pricey designer water is so hot, restaurants are actually competing to keep up with consumers. always thirsty for more. what's the fuss about? here's abc's aditi roy. >> reporter: like most of us stephanie mare fellow has water wherever she goes.

working out, shopping or just at home. >> being in california it's always hot. always on the go you start getting dehydrated and grumpy. >> reporter: it's not just any bottle of water. stephanie prefers designer water. beverly hills 90h 20. at $70 a case the new accessory for the glam girl on the go. >> it is kind of a lot but it's something i work with in my budget to make an exception for. it's a vital thing, water's so important. >> reporter: with price points at $8 to $20 a bottle lifestyle is exactly what these companies are banking on. as seen in the "shaws of sunset." this brand says they infuse their water with the power of diamonds. in the back room of patina in downtown los angeles, it's an elegant affair. well-heeled guests. a sommelier. and bottles of -- water? >> cheers!

>> reporter: that's right. $50 a head to gaze at, smell, and sip h2o. >> do these classes fill up? >> they sell out. >> reporter: some are diving in on the trend. like today's host martin reese. >> and this water comes from the loire valley where the beautiful sauvignon blancs are coming from as well. >> effervescent tastes salty to me. >> it has a flat and salty taste. what do you think about the texture of the bubbles? i think this is unique by this water. >> small. >> very small. >> i think so too. >> reporter: the certified sommelier is the only one ihe u.s. >> everyone has their own power on this planet. my power is to detect different nuances of water. >> when you're tasting water, what are you looking for? >> i'm looking for the color, i'm looking for combination, then i'm looking for the tds

levels. how much metals combine in this water. >> reporter: at patina the water menu is 48 pages long. perrier, evian, to a $20 bottle of imported glacier water. >> $20 is the most expensive bottle we have here at patina. this is a 15,000-year-old glacier water from canada. they didn't produce so many bottles. you're getting something very very unique. >> sure it's unique. but is it relevantally wordth spending much money on water? >> it's a matter of taste. >> what do you reach for? >> fiji. >> never tap water? >> no my parrot doesn't drink it therefore i don't like it. >> reporter: a $19 billion industry in the u.s. and growing. just this week news of a voluntary recall. h2o bottled by niagara water, 14 brands being pulled from shelves after a positive indication of

e. coli. there have been no reports of illness linked to the water. but negative reports aren't slowing down this industry. >> next one, beverly hills 90h20. >> reporter: reese himself crafting what he calls the champagne of water. >> this waterrom the northern part of california. >> reporter: beverly hills 90h20. >> there's a different texture. i would use the word crisp as it goes down it feels good. >> i found a spring in the mountains north of california. what i believe is an amazing spring water. i don't filter anything out of this water. i just want to add the perfect mineral mix to make it extremely healthy with an amazing smooth-mouth feel. >> reporter: the company ceo said they've never had health complaints with their water, never been subject to a recall. call this sommelier-crafted h2o. with its $actually to $13 restaurant price tag, he says it's worth every drop. >> the way we approach the

crafting process is that we have certain words in mind we w the consumer to say when they tasted the finished product. words like silky, smooth light, refreshing, clean, things like that. >> reporter: despite the hefty price tag it's the only water stephanie uses these days even using it for ice and cooking. >> cheers. >> do your friends make fun for spending $6 on water? >>nk it's a vital part of my lifestyle. i mean i care. i think most of the people that surround me kind of also care. >> do you drink tap water at all? >> no. >> never? >> no i'm really bad. some people are like it's great, the fluoride in the water! no i can't. >> reporter: a love some they say, only in l.a. stephanie and reese are sticking with their bottles. >> because you see it's clear. now it's milky. >> do you want this to be a

movement? >> yes. it should be a movement. i see the reaction of the people. let's push it more. it's so healthy for everybody to drink more and more water. >> reporter: for "nightline," i'm aditi roy in los angeles. >> is designer water worth the price tag? head to our "nightline" facebook page and tell us what you think. next how smartphone evidence could cost one doctor over $500,000. >> round and round we go wheel of annoying patients we go. where it will land, nobody knows. unfortunately, many people who spread it may not know they have it. it's called whooping cough. and the cdc recommends everyone, including those around babies, make sure their whooping cough vaccination is up to date. understand the danger your new grandchild faces. talk to your doctor or pharmacist about you and your family getting a whooping cough vaccination today.

have you ever wondered what happens when you're out cold at the doctor's office? well one unsuspecting patient

checked his smartphone after a routine procedure and discovered some nasty results that had nothing to do with his health. here's's abc's geo benitez. >> round and round we go wheel of annoying patients we go where it will land nobody knows. >> reporter: that's the voice of a doctor anesthesiologist tiffany i. gham. her patient used his phone to record post-op instructions but he says he did not press stop before he went under, unknowingly capturinge inging ingham's cringe-worthy conversation. >> after five minutes of at all to you in preop i wanted to punch you in the face man you up. >> i was putting hisiv in -- >> reporter: the patient identified only as d.b. in court documents, claiming medical malpractice, in part because of this false diagnosis. >> i'm going to mark hemorrhoids

even though we don't see them and probably won't. i'm just going to take a shot in the dark. >> reporter: defamation because of comments like these. >> irritation or something that none of us want to go look at. make sure you're gowned up. don't want you to accidentally rub up against it. get civil lis on your arm or something. >> reporter: last week a judge ordered the anesthesiologist and her practice to pay the patient $500,000 in damages. she's no longer working at that virginia hospital. in fact we don't know if she's working anywhere now. her attorney has not returned our calls for comment, but on that tape even dr. ingham recognizes she may have gone too far. >> i feel bad. i shouldn't be so mean. >> reporter: for "nightline," i'm geo benitez in new york. >> that would be the moral of the story. thanks for watching abc news. tune into good morning america tomorrow. as always we're online 24/7 at abcnews.com. good night, america.

could you move over, please, a little, deb? debra. deb. [snoring]

oh. oh, no. get!