BUFFALO, N.Y. -- Twelve jurors determined in January that Jeffery Basil was guilty of murder, but now one of them might cause the entire process to start over.

"A lot of people subscribe to the thought that you can win or lose a case in jury selection based on who you choose," said Mary Beth DePasquale, an attorney. 

Those choices are based on what potential jurors say under oath, because there isn't time for background checks. 

"You do have to take people at their word that once they swear under oath to tell the truth, that that's what you're getting from them," said Cheryl Meyers-Buth, who's also an attorney. 

There's no guarantee. That's the issue facing attorneys involved in the murder trial of Basil, after his defense said they discovered one of the jurors wasn't honest about her background. They claim she lied about being arrested and concealed her prior military status, in a case where the victim, William Sager Jr., was an Air National Guardsman. 

Now, the defense wants the verdict set aside. 

"For the defendant to be convicted, it had to be a unanimous vote. Had there been someone other than that juror, you don't know, perhaps that other person would not have voted to convict for murder 2nd and you may not have had a conviction on that count, so it's a very, very serious issue," said Buth. 

DePasquale is a former Erie County Assistant District Attorney, and said if the judge agrees with the defense, it will be up to the District Attorne's Office to decide how to proceed; either with plea discussions or a new trial (which she thinks is more likely). 

"One of the concerns from the defense standpoint is, are they going to be able to seat a jury that hasn't been watching the trial?" said DePasquale. That's because of the significant attention the case has received. 

"An advantage for the defendant may be a retrial to see whether or not a new jury would consider the lesser-included offense of manslaughter 1st, or even criminally negligent homicide," said Buth.

As for what's next for the case?

"Whether or not there could be any criminal culpability for that juror is a question in my mind, whether the DA's office is going to go that way," said DePasquale.

Both sides are due back in court April 7, and DePasquale said the defense has already filed a motion to move forward in case Justice Penny Wolfgang denies their request.