Judge to probe juror’s call in wounded vets case

A juror called a state prosecutor during what were supposed to be secret deliberations, and a jury that had been divided soon united in favor of conviction.

Yet, an appellate court said, Greeneville U.S. District Judge Ronnie Greer never questioned the juror or anyone on the panel and barred defense attorneys from quizzing jurors.

Now, the 6th Circuit U.S. Court of Appeals is taking over, ordering Greer to hold a hearing on whether the fraud convictions against Ricky Lanier and wife Katrina Lanier were corrupted by juror misconduct — and promising to review what he decides.

The Laniers were convicted in December 2015 of defrauding the government by lying about the role of disabled veterans in their business to get $17 million in contracts earmarked for businesses owned or operated by wounded military personnel.

Among the projects the Laniers handled were the replacement of a wastewater treatment facility at the Tremont Institute in the Great Smoky Mountains National Park and a construction project at the James. H. Quillen VA Medical Center in Mountain Home, Tenn.

Ricky Lanier had participated in a special program to garner government contracts for small businesses, according to court records, but reached the maximum number of years he could participate in 2008. He enlisted a friend and a former roommate — one of whom was a veteran — to serve as owner and operator of his businesses but neither friend had any role in them, testimony showed.

Evidence at trial showed the Laniers used subcontractors to complete work in violation of the program requirement and lied about the cost so the couple could get more money than the work cost.

But defense attorneys had mounted a case in which even government witnesses conceded the Laniers’ work was excellent. One government witness testified of the Laniers that it was “kind of the dream operation for the federal government,” and that he would recommend them for another job, according to

“Whether or not Nelson acted appropriately, the juror acted inappropriately in seeking outside input on the case.”

— COURT OPINION

the appellate opinion.

Jurors deliberated in silence for more than two days. By the third day, bailiffs noticed signs the panel had divided into two camps, the opinion stated. One bailiff later said jurors were “angry with each other.”

During this apparent impasse, a female juror identified only as Juror 11 called Sullivan County prosecutor Theresa Nelson, a friend of hers. Nelson had no role in the federal case against the Laniers.

Nelson later called Greer, the opinion stated, and told the judge Juror 11 said there was a “problem” with deliberations and needed advice. Nelson said she told Juror 11 to alert the judge. Juror 11 responded that she didn’t know how, so Nelson told her to tell a bailiff, a court clerk or “somebody.”

Juror 11 did not alert anyone of a problem nor did she tell Greer she had phoned Nelson. Soon after the call, the once-divided jury convicted the Laniers, the opinion stated.

Greer did not hold a hearing, interview jurors or allow attorneys to do so. He opined there was no evidence Juror 11’s call to Nelson influenced the jury’s decision.

The appellate court said Greer had no way to know whether the jury was corrupted and is ordering further review.

“Whether or not Nelson acted appropriately, the juror acted inappropriately in seeking outside input on the case,” the opinion stated. “And because no one has ever questioned any member of the jury, we do not know the extent of the juror’s misconduct in contacting third parties and discussing the case with outsiders or what impact the juror’s misconduct involving extraneous communications had on the rest of the jury.”

Ricky Lanier is serving a 48-month prison term. His wife was sentenced to 30 months. Because the couple had children, Greer allowed Ricky Lanier’s wife to stay free under supervision until her husband serves his sentence. She then must report to prison.

Ricky Lanier, who is represented by attorney Alex Little, has been freed pending the outcome of the case, records show. The couple haven’t garnered a new trial — yet. The court said it first wants Greer to hold a hearing that should include testimony from jurors.

If Greer finds evidence of a corrupted verdict, the court said he should grant a new trial. If he doesn’t, the appellate court will review Greer’s decision-making and make its own decision.

“We retain jurisdiction over defendants’ cases,” 6th Circuit Judge Karen Nelson Moore wrote.