Defense strategy previewed in selecting jury for Goodman manslaughter trial
By Peter Franceschina
Sun Sentinel
March 8, 2012
The first hint of polo mogul John Goodman's defense to a DUI-manslaughter charge emerged Thursday in the third and final day of jury selection.
Miami defense attorney Roy Black repeatedly quizzed prospective jurors on their attitudes about drinking and then driving immediately afterward, whether they had heard of a car malfunctioning while being driven and made reference to "sudden acceleration in cars."
Black also asked jurors about "temporary amnesia" and if they ever had suffered a concussion and, afterward, did not know what they were doing.
"What if you have a couple of drinks right before you drive and you're not impaired or above the lawful limit," Black asked one prospective juror.
A number of prospective jurors agreed that it was not illegal for them to drive after a few drinks if they were not impaired or above the legal blood-alcohol limit of .08 percent.
Black also asked if anyone would call a loved one after an emergency rather than call 911.
All of those questions reflected on aspects of the Goodman case.
Prosecutors say Goodman, 48, was driving his Bentley convertible at 63 mph south on 120th Avenue in Wellington and ran a stop sign at Lake Worth Road, smashing into a Hyundai driven by Scott Wilson, 23, who was on his way home from Orlando to visit family.
The crash happened around 1 a.m. Feb. 12, 2010. Prosecutors allege that in the hours before the crash Goodman — the founder of Polo Club International Palm Beach — had been drinking at two Wellington watering holes that cater to the polo community.
The impact flipped Wilson's car upside down into a canal and he drowned. Goodman was charged with DUI-manslaughter and vehicular homicide while failing to render aid. He faces up to 30 years in prison if convicted.
After the crash, Goodman left the scene. He ended up at a nearby trailer, where he used a woman's cell phone to call his girlfriend in Atlanta before calling 911, about an hour after a passerby first reported the crash, according to court records.
Three hours after the crash, Goodman's blood-alcohol level was measured at .177 percent, more than twice the legal limit to drive.
In his questions, Black suggested that Goodman may only have had a few drinks before the crash. The defense has a blood-alcohol expert who could testify that Goodman's blood-alcohol level was on the rise in the hours following the crash.
Prosecutors repeatedly objected to Black's line of questions. They objected to the car-crash questions and when Black asked if anyone had suffered a concussion and memory loss.
Black's questions also suggest one defense for Goodman may be that he suffered a concussion in the crash and did not have his wits about him afterward. Black also asked if jurors ever had suffered "temporary amnesia."
Palm Beach Circuit Judge Jeffrey Colbath cut off that line of questions after prosecution objections. The judge told Black he was improperly trying to "condition" jurors. "That's where I lose my patience," Colbath said.
By the end of the day, a jury was seated — five men and one woman, all middle-age or older. The two alternates are women. The judge has largely shielded their personal information because of heavy media coverage.
Opening statements are set for Tuesday morning, and prosecutors have said they expect their case to take up to five days. The defense plans to put on several days of testimony.
The focal point of the trial will be how much Goodman had to drink and when, with competing experts testifying to his blood-alcohol level at the time of the crash.
A wrongful-death suit filed against Goodman by Wilson's parents, William and Lili Wilson, is scheduled to begin in late March, after the conclusion of the criminal trial.
Several prospective jurors said they were familiar with media coverage of that case, including recent reports concerning Goodman's adoption of his 42-year-old girlfriend, making her a beneficiary of a $300 million trust for his two minor children.
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