JUROR SMOKED POT WITH DEFENDANTS, THEN CONVICTED THEM

MORGANTOWN, W.Va. (AP) - A juror helped convict three defendants of drug
charges one day after he smoked marijuana with them on a country road and
discussed the possible outcome of their trial.

Matthew Smith, 27, of Lost Creek, pleaded guilty to contempt of court Dec.
29 and is free awaiting a punishment left up to the judge, Assistant U.S.
Attorney Sharon L. Potter said Wednesday. Smith's admission has raised
questions about the three defendants convicted in the 1993 federal trial on
marijuana-manufacturing charges. Timothy W. McCoy is serving 24 years in
prison, Connie Sue Heater is serving 10 years, and Harvey B. John was
released after completing a 25-month sentence.

At least one of the two still in prison is attempting to attack the
conviction based on Smith's misconduct, Potter said.

Defense lawyers accused Smith of misconduct in their appeals but said they
did not have testimony to support the claims, Potter said. Federal
officials investigated and Smith was indicted last summer.

Jurors in all criminal trials are admonished against contacting anyone
involved in the cases they consider. But Potter said Smith spoke briefly to
at least one defendant during the trial and again with a defendant who
dropped a dollar bill in a parking lot.

After closing arguments, Smith and the three left the courthouse in
different cars and drove to a country road, where Smith discussed potential
verdicts while the group smoked pot, Potter said. Jury deliberations began
the next morning.

There is no telephone listing for Smith in his hometown. J. Michael
Benninger, his lawyer, did not return a call to his office. Lawyers who
represented McCoy and Heater during their trials could not immediately be
reached for comment.