Defense, prosecutors clash over release of John Goodman’s Bentley
| By Marc Freeman, Sun Sentinel | |
| McClatchy-Tribune Information Services |
Attorneys battled over that critical question all day Thursday with Goodman's retrial looming next month.
Palm Beach County Chief Circuit Judge
The hearing is slated to wrap up with more witnesses and final arguments
Goodman attorneys
But prosecutors, backed by the testimony of former Assistant State Attorney
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
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
"We're starting over," Duncan said.
The Bentley was released to its owner,
"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
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
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
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
Goodman has testified the Bentley surged out of control as he tried to stop at the intersection of
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.
mjfreeman@tribune.com, 561-243-6642 or Twitter @SSCourts
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