DOJ Case Summary: U.S. v. Lanier

David Lanier was an elected state judge serving Dyer County, a rural area of western Tennessee. For years, Judge David Lanier sexually assaulted a number of women who appeared before him as litigants or who worked for him as clerks, probation officers or secretaries. Because Judge Lanier came from a powerful family, it was difficult for local authorities to act. In fact, the District Attorney for Dyer County was Judge Lanier's brother. Consequently, federal authorities spearheaded the investigation which culminated in 11 civil rights counts charging Lanier with various kinds of sexual assault against five women, including two instances of forced oral copulation.

Several women braved their fear of retaliation, community criticism, and personal embarrassment to recount their experiences by giving evidence to the federal grand jury. They claimed that between 1989 and 1991 Judge Lanier had systematically sexually assaulted them in his chambers and in his courtroom. Many of the victims were single mothers, emotionally and economically vulnerable, who sought redress in court or well-paying courthouse jobs in an economically depressed community. The federal grand jury undertook a six-month grand jury investigation conducted jointly by the Criminal Section and the local U.S. Attorney. Judge Lanier was subsequently indicted on eleven counts of violating 18 U.S.C. 242 for having deprived the women of their constitutional due process right to be free from sexual assault.

Overcoming substantial reluctance to testify publicly, the victims' damaging testimony about the judge's behavior resulted in his convictions in December 1992 for conduct that ranged from willful grabbing and groping of the victims' breasts and genitalia to forced oral copulation. Before trial, he was jailed when his bail was revoked for having improperly contacted the witnesses in an effort to influence their testimony at trial. He received the maximum prison sentence of 25 years and was fined $25,000. The state legislature subsequently removed him from office.

Judge Lanier was an unusual defendant -- highly educated, influential in his community and trained in the law. He vigorously represented himself and sought publicity by appearing on national prime time news shows. He pursued his appeal rights to the Sixth Circuit Court of Appeals, which initially upheld the conviction but then later reversed itself on rehearing, determining that the indictment should be dismissed because the due process clause did not afford protection against sexual assaults. The federal Government appealed to the Supreme Court, which essentially sided with the Government, ordering the Sixth Circuit to revisit the standards it had applied to dismiss the indictment. The Sixth Circuit then ordered Lanier to return to custody pending a new review. Lanier, however, fled to Mexico, but was soon captured by U.S. Marshals after his case was made the subject of a television episode onAmerica's Most Wanted. Despite losing his right of appeal because he was a fugitive, Lanier continued to pursue reversal of his conviction by seeking a new trial, arguing the discovery of new evidence. That final motion was denied in June 1999, almost seven years after his original conviction. Having exhausted all of his procedural options, Lanier will probably serve the remainder of his life in prison.