Goodman: Dont repeat Dippolito jury questioning problem (DUI MANSLAUGHTER MAGNATE ON NEW TRIAL) By Marc Freeman, Sun Sentinel Wellington polo executive John Goodman so far has failed to persuade the judge in his DUI manslaughter case to move his upcoming retrial out of Palm Beach County to a place where its easier to find unbiased jurors. But now Goodman appears to have a stronger chance for his second choice — questioning prospective jurors individually about their familiarity with his much-publicized case. Attorneys for Goodman, 50, last week looked to bolster their bid by citing the latest twist involving another high-profile defendant from recent years: Dalia Dippolito, 31. In 2011, she was convicted by a jury and sentenced to 20 years in prison for an alleged murder-for-plot targeting her newlywed husband in Boynton Beach. Then on July 30 the 4th District Court of Appeal granted Dippolito a new trial. The court agreed with her lawyers that prospective jurors should have been interviewed separately about their exposure to media coverage, because many of them knew about the nationally-reported case. And, after one potential panelist mentioned in front of everyone how she read Dippolito once tried to poison her husband with antifreeze, the entire jury pool should have been excused by Circuit Judge Jeffrey Colbath, the appellate court said. The comment could have prejudiced Dippolitos jury, so she was denied a fair trial, according to the ruling. Colbath, also presiding over the Goodman case, has not yet ruled on Goodmans request for individual and sequestered examination of prospective jurors because of the continuous, relentless media coverage of the case. Jury selection for the retrial is scheduled to start Oct. 6. But that could be delayed, because Goodman plans to appeal a July 30 state judges ruling denying his challenge concerning blood evidence. Attorneys Douglas Duncan, Scott Richardson and Elizabeth Parker wrote in an earlier pleading that individual questioning of each juror will help prevent contaminating those prospective jurors with no exposure to pretrial publicity. The biggest concern for the Goodman legal team is almost every single news account … includes a paragraph that Mr. Goodman was previously convicted and sentenced to 16 years in prison. This information is prejudicial and is not admissible at trial. Colbath himself granted Goodman a new trial because of juror misconduct, and allowed Goodman to remain on house arrest on $4 million bail. Then the judge earlier this year convicted juror Dennis DeMartin of two criminal contempt charges stemming from his actions in March 2012. DeMartin, 71, of Delray Beach, is appealing. DeMartins charges were failing to tell lawyers during jury selection about an ex-wifes DUI arrest; and conducting a drinking experiment before jury deliberations to determine Goodmans impairment during the Feb.12, 2010 crash in Wellington that killed Scott Wilson, 23. Goodmans attorneys want the judge — if he grants individual questioning of prospective jurors — to automatically excuse each one who knows Goodman previously was found guilty, even if he or she insists that he or she can be fair and impartial. Prosecutors Alan Johnson and Sherri Collins have said they might no longer object to moving the retrial to a different venue, if each would-be juror from Palm Beach County is booted simply for knowing of Goodmans prior conviction or other information not allowed in his trial. Local criminal defense attorneys familiar with the Goodman and Dippolito cases said they didnt want to speculate about Colbaths forthcoming decision. But they feel strongly, based on their own experiences, individual questioning of potential jurors is necessary for cases that have been plastered all over the Internet, TV and newspapers. You absolutely have to separate them out, said attorney Richard Lubin of West Palm Beach. If theyve heard something, and if thats caused them to have an opinion, you need to hear what it is. And theres a much greater chance of getting prospective jurors to speak openly and honestly this way, he said. Jurors tend to be intimidated in a group setting and they dont tend to be as forthcoming, Lubin said. Its about hearing how they truly feel. If it extends a trial by a day, a week, a month, you just have to do it. Attorney Gregg Lerman, of West Palm Beach, agreed its necessary, if the goal is a fair and impartial jury. Plus, it shouldnt be difficult to find six unbiased jurors plus a few alternates in Palm Beach County for the Goodman case, he said, because many citizens dont follow the news. Im surprised at how ignorant the general public is, from one case to another, he said. But Goodman — founder of International Polo Club Palm Beach and heir to a Texas air conditioning and heating fortune — also is concerned about how the jury will view him, once the new trial begins. Goodmans attorneys last week asked the judge for special permission to tell jurors about his employment history and polo community involvement, if he testifies in his own defense against the DUI manslaughter failure to render aid charge. During the first trial, Colbath refused a similar request after Goodmans former lawyers accused prosecutors of trying to exploit a wealth bias, with references to the defendants $200,000 Bentley and attempts to portray him as the rich guy who acted only to help himself the night of the accident, Duncan, Richardson and Parker wrote. Mr. Goodman has a right to tell his story and this is particularly so when the State injects the tactic of using Mr. Goodmans wealth as a way to demean his character before the jury, the attorneys argued. Colbath has already ordered prosecutors to avoid references to Goodmans financial status in the retrial. The judge told the attorneys he doesnt want to hear Goodman called Mr. Rich Guy.
Posted on: Sun, 10 Aug 2014 02:03:34 +0000
Trending Topics
Recently Viewed Topics
© 2015