Two Lawrence landlords ordered to pay damages of $1.29 million to six former tenants want a new trial or reduction of the sum.

William J. Lemesany and his wife, Mary Lemesany, were ordered by a jury after an October civil trial to pay the former tenants of an apartment complex they owned.

The former tenants sued after peepholes in their Parkway Terrace apartments were found in January 1999.

During a hearing Tuesday in Douglas County District Court, attorneys for the Lemesanys said there should be a new trial or reduction in damages because of inflammatory statements during the trial and juror misconduct.

A Lemesany attorney, Craig Blumreich, told Judge Jack Murphy that at least one juror later said the damages were set high because they “were designed to send a message that this not happen again.”

Blumreich said the comment was made to an attorney from his office who was assisting with the Lemesany case in the trial’s aftermath.

Blumreich asked Murphy to recall the jury for questioning about the matter.

Mike Riling, the lead attorney handling the Lemesanys’ defense, also argued that the damages did not match the evidence presented by the former tenants during the trial. He cited other Kansas cases involving damages he said backed his arguments.

The civil trial was to determine the amount of damages the former tenants deserved, not liability, Riling noted.

Murphy took the arguments under advisement. No future hearing date was set for announcing a decision.

Riling recounted numerous times he said the former tenants’ attorney, Peter Jouras Jr., made statements to inflame jurors. Riling said Jouras also asked questions meant to lead the witnesses to make comments about their helplessness and fears.

Riling also criticized a plaintiff’s statement during the trial that he had received mental health counseling because of the peephole discoveries. That information did not come out prior to the trial and violated the judge’s orders, Riling said.

Jouras defended his conduct and cited court cases he said showed the amount of damages awarded were not out of line. He also said he obeyed the judge’s orders when objections were raised during the trial.

Jouras also said the Lemesanys’ attorneys did not have an affidavit signed by any of the jurors about conversations they might have had with attorneys after the trial. He said the law requires such affidavits to be filed with motions for a new trial.

A police investigation into the peephole discoveries also led to the filing of 10 misdemeanor criminal charges against William Lemesany for eavesdropping. In October, he pleaded no contest to three counts, and the remainder were dismissed.

Last month, William Lemesany was sentenced to 60 days in Douglas County Jail to be followed by 18 months of probation. He also was ordered to pay a fine and serve 100 hours of community service work.

The Journal-World previously published a photo of an individual whom it identified as William Lemesany. That photo was not of William Lemesany. The Journal-World apologizes for the error.