Defense, prosecutors clash over release of John Goodman’s Bentley

Feb. 28--Should John Goodman's DUI manslaughter charge be dropped because prosecutors released the Bentley convertible driven by the Wellington polo executive on the night he crashed into victim Scott Wilson four years ago?

Attorneys battled over that critical question all day Thursday with Goodman's retrial looming next month.

Palm Beach County Chief Circuit Judge Jeffrey Colbath will resume the hearing focusing on the Bentley Friday morning, with defense expert Luka Serdar continuing testimony that he can't properly examine the car for faults since it was removed from evidence in April 2012.

The hearing is slated to wrap up with more witnesses and final arguments March 6, with a ruling from Colbath to follow. For now, jury selection for the retrial is scheduled for March 17, with the trial to begin the following week.

Goodman attorneys Douglas Duncan, Scott Richardson and Elizabeth Parker argued Thursday that prosecutors were obligated to hold onto the Bentley Continental GTC and Wilson's Hyundai Sonata because of an appeal and other motions after the first trial.

But prosecutors, backed by the testimony of former Assistant State Attorney Ellen Roberts, blasted the defense claim the Bentley malfunctioned and said its release doesn't prejudice Goodman's case. They also argued Goodman's former attorneys never requested additional testing of the Bentley once the first trial began, or after it concluded.

The defense accused the state of acting in "bad faith" by intentionally releasing the vehicles to the insurance companies that owned them one month after a jury convicted Goodman and before Colbath sentenced him to 16 years in state prison.

Goodman, 50, last year won a new trial because of misconduct by juror Dennis DeMartin that was uncovered by the wealthy defendant's former lawyers.

Now his new lawyers contend the charges must be dismissed because they don't have the ability to prove the luxury car malfunctioned, causing or contributing to the crash that killed Wilson, 23, on Feb. 12, 2010 in Wellington.

"We're starting over," Duncan said.

The Bentley was released to its owner, The Chubb Corp. It is now owned by a businessman near Houston, Texas, who bought the car at an auction last summer and has since allowed defense and state experts to examine it.

"The state didn't need the vehicle anymore," said Roberts, who now practices at a personal injury law firm in West Palm Beach. She later added, "As far as I was concerned there were no appealable issues in the trial."

Roberts told Chief Assistant State Attorney Alan Johnson it was her longstanding practice to release cars from evidence following trials in DUI manslaughter and vehicular homicide cases.

She also testified she was surprised to learn "this rogue juror" DeMartin wrote a book about the trial that detailed his vodka-drinking test at home before deliberating the Goodman verdict.

DeMartin last month also was found guilty of criminal contempt for lying during Goodman's jury selection by not disclosing his ex-wife's DUI arrest.

Yet another debate raged Thursday over a claim by prosecutors that Goodman and his supporters were actually behind a secret campaign to get the Bentley released from evidence.

Johnson argued Palm Beach County Sheriff's Office Traffic Homicide Investigator Troy Snelgrove was "hounded" by callers claiming to be Chubb representatives seeking the Bentley. Roberts said she heard about the calls and agreed to release the car.

But the insurance company has since denied it made the calls, prompting prosecutors to declare Goodman responsible for a campaign of so-called "spoof" calls -- a calculated way to create the current controversy before the court.

"The phone calls coming in could have easily been masked and disguised," Johnson said, denying there was any misconduct by the state by cutting loose the Bentley.

Parker blasted the "spoof" allegation as baseless.

The judge remarked the whole dispute over the phone calls appeared to be "much ado about nothing." Colbath said he didn't see releasing the Bentley because of the calls as an act of "bad faith" by the state.

Duncan argued prosecutors clearly knew the Bentley should have remained secured, calls or no calls.

"What was the rush to get rid of this car?" Duncan asked, adding Florida law requires treating the retrial as if the first trial never happened.

Goodman is charged with DUI manslaughter failure to render aid and vehicular homicide failure to render aid. The founder of International Polo Club Palm Beach remains on house arrest under a $4 million bond.

Goodman has testified the Bentley surged out of control as he tried to stop at the intersection of 120th Avenue and Lake Worth Road. Wilson's Hyundai was pushed into a canal, and he drowned. Goodman, who had been drinking at two Wellington clubs that cater to the polo community, walked away from the crash. He claimed he drank liquor in a "man cave" afterward to soothe the pain of his injuries.

Prosecutors say the vehicles aren't needed to prosecute or defend Goodman, who was convicted the first time "based upon overwhelming evidence of guilt," including a blood-alcohol level of .177, more than double the .08 legal limit.

This week, the defense asked the judge to thrown out the blood test results because they're not scientifically reliable. In a motion, the lawyers wrote findings of an elevated blood-alcohol level and traces of hydrocodone in Goodman's system after the 2010 crash are flawed because a nurse didn't use the needle in the state's official kit and the lab didn't follow standard procedures.

The judge has not yet ruled on that motion.

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