The juror credited for derailing Wellington polo club founder John Goodman’s DUI manslaughter trial could be headed back to jail now that an appeals court has upheld his two contempt of court convictions.
In an eight-page decision released by Florida’s 4th District Court of Appeal Wednesday, the high court backed Chief Circuit Judge Jeffrey Colbath’s 2014 conviction and 6 month jail sentence against retired Boynton Beach accountant Dennis DeMartin. In a pair of self-published, DeMartin books revealed that he conducted his own drinking experiment at the end of Goodman’s 2012 trial and also withheld from the court as a prospective juror that his own ex-wife had once been arrested for DUI.
The missteps led Colbath to throw out Goodman’s conviction and 16-year prison sentence in the case tied to the death of 23-year-old Scott Patrick Wilson, who drowned in a Wellington canal after Goodman ran a stop sign while drunk and plowed his Bentley into Wilson’s Hyundai.
Reached by phone in New Haven, Conn. Wednesday, DeMartin said the decision has left him both stunned and confused.
“I’m shocked by the whole thing,” said DeMartin, who added he is very much afraid of having to go back to jail. “I don’t know what to do.”
DeMartin became the source of public ire in the aftermath of Goodman’s first trial, especially by those upset at the cost of bringing the Texas-born millionaire to trial again. The appellate court on Wednesday ruled that there was “substantial evidence” to support the contempt of court convictions.
“Our jury trial system depends on the complete candor of all jurors during voir dire,” Judge Spencer D. Levine wrote. “Our jury trial system also requires the strict adherence of all jurors to the instructions given to them by the trial judge.”
A second jury last year convicted Goodman again, and he is now a year into his 16-year sentence. In an appeal to DeMartin’s conviction filed last year, Assistant Public Defender Paul Petillo placed the blame for for the entire debacle on the local court system.
The accusations against DeMartin, he said, were “hyperbole.”
“If it did wreak havoc (and it didn’t), that’s only because the Palm Beach County justice system let itself get caught up in the fanfare of trying a wealthy defendant,” Petillo said in a petition filed Monday. “After all, the charge, though serious, was a DUI manslaughter, and probably a handful of those are tried every year in each circuit in this court’s jurisdiction.”
Goodman’s defense team immediately asked Colbath to throw out Goodman’s conviction after DeMartin revealed he drank three mixed vodka drinks and attempted to walk around his condominium complex the night before he and five other jurors began deliberating Goodman’s fate.
DeMartin in 2014 served a month of his six-month sentence before he was granted an appellate bond. He has been living in Connecticut since last year.
He said he found out his appeal had been rejected when he got a phone call from Petillo. THe attorney told him he had 15 days to appeal the court’s ruling, he said, but he doesn’t know how he would go about doing that.
When Colbath sentenced DeMartin at the end of a short trial, the judge had little sympathy for the 72-year-old. Though DeMartin’s pro-bono attorneys, Robert Gershman and Joseph Walsh, had pleaded with the judge to keep DeMartin out of jail, Colbath said he felt DeMartin deserved the punishment.
“If I found Mr. DeMartin to be a benign Mr. Magoo who was unaware of the destruction he left in his wake, then I would find differently. I don’t think that is the case,” Colbath said.