Landlords ordered to pay nearly $1.29 million

A Douglas County jury Tuesday sided with former tenants who sued their landlords after discovering peepholes into their apartments, awarding them nearly $1.29 million.

After deliberating about five hours, the jury decided the six plaintiffs should receive from $180,000 to almost $232,000 in damages from William J. Lemesany, 49, and his wife, Mary E. Lemesany.

“This was our battle, and we won,” said Joe Brandenberger, 22, Lawrence, one of the former tenants of Parkway Terrace Apartments, 2340 Murphy Drive. “It wasn’t just us that thought this was important, and that has come through.”

The lawsuits were filed after tenants in January 1999 began finding peepholes in their bedroom and bathroom walls. An investigation by tenants and Lawrence Police revealed that someone could use the holes to see into the rooms from maintenance hallways between the apartments.

“I’m relieved that a jury of my peers thinks that my pain is worth that much and that this trial wasn’t for nothing,” said Amy Miller, 28, Lawrence. “I hope this doesn’t happen to anybody else.”

Earlier Tuesday, the plaintiffs’ attorney, Peter Jouras Jr. of Fairway, asked for at least $250,000 in economic and non-economic damages for each of the former tenants.

Economic damages included expenses such as loss of security deposits and rent increases the plaintiffs experienced when they moved after discovering the peepholes.

Non-economic damages were for mental anguish, stress and humiliation  elements attorneys for both sides told the jurors they would have to determine by common sense.

A police investigation and testimony from a forensic biologist with the Kansas Bureau of Investigation revealed traces of semen were found near the peepholes in the maintenance hallways.

At the start of jury selection last week, the Lemesanys admitted liability for the peepholes. The seven-woman, five-man jury was only asked to determine damages.

“This is not about ‘who did it,'” the Lemesanys’ attorney said about who actually made the peepholes and any spying that may have taken place. The attorney, Mike Riling, said the Lemesanys only were admitting they were the landlords and thus responsible for repairing the peepholes.

Riling also argued for considerably lower damages, less than $13,000 for each tenant.

He said only one of the former tenants sought mental health assistance after the incident. He argued that should be a factor in setting damages.

“A psychiatrist or a psychologist could have made a very effective witness” for the plaintiffs, Riling said.

William Lemesany did not attend the trial. His wife did. Riling declined to comment on the outcome of the trial.

William Lemesany also faces 10 criminal charges of eavesdropping for allegedly spying on the tenants. A bench trial is pending before Judge Jack Murphy.

Since the civil trial began last week, two of the original eight plaintiffs, Alex Valverde and Rhonda Valverde, settled out of court Monday with the Lemesanys. Jouras said the amount of the settlement couldn’t be released.