John Goodman Asks for a Third Trial; Judge Shoots Down Request
Polo mogul John Goodman has been convicted -- twice -- after being found guilty -- twice -- for DUI manslaughter in the 2010 death of 23-year-old Scott Wilson. Two weeks ago, Goodman was sentenced to serve 16 years in prison -- the same sentence he received the first time he was sentenced.
Goodman has had two chances, two sets of attorneys, and two sets of juries in two separate cities to prove his innocence.
But that hasn't stopped Goodman from asking for a third trial. Yet, unlike his second trial, a judge has decided Goodman has no legal reason to go for the trifecta and has shot down the request.
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According to reports, Goodman had the motion filed just days after his conviction.
But Palm Beach County Judge Jeffrey Colbath shot down Goodman's motion for a third trial, saying the Wellington native has "no factual or legal grounds for a new trial, not already considered by this Court."
In his order, Colbath says no evidence has been presented to prove the court made an error in judgment, or any with the jury.
"No grounds have been presented establishing that this Court erred in the decision of any matter of law during the course of the trial, erroneously instructed the jury, or erroneously refused to instruct the jury," Colbath's order reads. "Likewise, no legal or factual grounds have been presented establishing that the Defendant did not receive a fair and impartial trial. The Defendant received a fair and impartial trial."
After originally being sentenced to 16 years in prison, Goodman was able to successfully get the court to grant him a retrial after jury misconduct was discovered.
In May 2013, Goodman's attorneys learned that one of the jurors apparently wrote a self-published book titled Will She Kiss Me or Kill Me? in which he wrote that his wife was once busted for DUI. That juror, Dennis DeMartin, 69, failed during jury selection to disclose that information.
Goodman's attorneys also wanted to move the retrial out of Palm Beach, fearing that the media attention might taint the jury.
The retrial was held in Palm Beach anyway, with a jury that was bused in from Tampa.
Following his sentencing without bond, Goodman's attorneys filed a motion to fight Colbath's decision not to grant bond. The motion requested that Goodman stay under house arrest while they appeal the conviction, rather than jail.
During the sentencing, Colbath called Goodman a flight risk and denied that request as well.
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