Trial experts explain two-year wait time in Wellington DUI manslaughter trial involving John Goodman
01/13/2012
By: Jeff Skrzypek
WEST PALM BEACH, Fla. - A trial date has been set in the DUI manslaughter trial involving Wellington polo mogul John Goodman.
Flanked by his lawyers, Goodman appeared before a Palm Beach County judge learning March 6th would be the day he would see trial.
"We're prepared. Judgment day is approaching," said Scott Smith, the civil defense attorney representing the victim's family.
Goodman is being charged with DUI manslaughter for allegedly knocking Scott Wilson's car into a canal in Wellington on February of 2010. The 23-year-old driver drowned as a result.
Wilson's mother, Lili Wilson, was asked for comment on Friday after the trial date was set, but kept quiet.
"I'm going to stay quiet today, thank you," said Wilson.
The trial is set to start more than two years after the incident happened, prompting some to question why court has not started sooner.
"It has really nothing to do with the fact who John Goodman is. That fact is, this is a complex case," said Michelle Suskauer, a criminal defense attorney who has experience in DUI manslaughter cases.
Suskauer said in the Goodman case and others like it, it can take years to go to trial because there are so many witnesses to coordinate. She said the judge and lawyers involved also take extra time preparing, considering the potential heavy penalty of a DUI manslaughter charge.
"Is it a long time? Yeah, it's been a while and the case it set fairly soon," said Suskauer.
Assistant state attorney Ellen Roberts, who spoke in general about DUI manslaughter cases, said two years of waiting is actually a lot shorter than the average time. Roberts said it usually takes three years for similar trials to begin.
"It's hard for the family because they've lost a loved one and they haven't seen any justice come from this yet," said Roberts.
Roberts said depending out the outcome, any subsequent appeals can also lengthen the process.
Goodman's lawyers have also requested a change of venue given the attention of the trial. Circuit Judge Jeffrey Colbath did not rule on that matter.
Some legal experts predict the trial will stay in Palm Beach County and start at the time set.
A civil trial date was set for March 27th.
http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/trial-experts-explain-two-year-wait-time-in-wellington-dui-manslaughter-trial-involving-john-goodman
Houston millionaire sued in fatal Florida crash adopts girlfriend
By Mike Tolson
February 2, 2012
In the strangest wrinkle yet in a legal drama that pits the state of Florida and a car crash victim against a polo-obsessed Houston millionaire, the girlfriend of John Goodman is now his daughter.
The heir to an air-conditioning fortune, Goodman, 48, has legally adopted 42-year-old Heather Laruso Hutchins, whom he has been dating since 2009. The adoption, which took place in October 2011 but was not publicly disclosed until Tuesday, potentially allows Hutchins to control a third of the assets of a trust fund he set up for his two other children.
A Florida judge called the action "surreal" and a step into a "legal twilight zone" in a recent related ruling. The purpose of the adoption, however, is likely rooted in practical financial matters. Because of her age, Hutchins can avoid the legal stipulation that does not allow beneficiaries to take from the fund until they are 35.
Lawsuit, criminal case
Whether the move could have any effect on a civil trial brought by the parents of Scott Wilson, killed in a collision with Goodman's Bentley in February 2010, is uncertain. An engineering graduate, Wilson was 23 when Goodman allegedly ran a stop sign and knocked Wilson's car into a drainage ditch. He drowned.
Wilson's parents filed a wrongful death suit against Goodman that is set for trial in late March. The state has charged Goodman with vehicular homicide, claiming that Goodman had a blood alcohol content more than twice the legal limit when he allegedly ran a stop sign and ran into Wilson.
That trial, too, is scheduled for March. Goodman, also charged with driving under the influence manslaughter and leaving the scene of an accident, faces up to 30 years in prison.
Florida Circuit Judge Glenn Kelley ruled in October 2011 that the civil jury should not be told of the trust fund, saying it might encourage jurors to impose a larger financial penalty than they would otherwise, even though Goodman has no access to the irrevocable trust.
A jury award inflated by awareness of the trust might end up bankrupting Goodman, the judge ruled, and that would violate Florida law. Lawyers for Lili and William Wilson have appealed that ruling.
How the adoption might affect the exposure of Goodman's assets to a potential jury award is unclear, as the trust money already is off limits. It's also a matter of speculation whether a future probate court will recognize Hutchins as a legitimate trust beneficiary.
Kelley said that for the purposes of the civil trial, he will recognize the adoption as legitimate. One effect that seems apparent is that Goodman has the potential to achieve some immediate benefit of the money set aside for his children. The trust reportedly requires disbursement of 70 percent of the sum to which the beneficiary is entitled once they turn 35.
"By way of this adoption, John Goodman now effectively owns one third of the trust assets," the William Wilsons' attorney, Scott Smith, told the Palm Beach Post. "It cannot go unrecognized that he chose to adopt his 42-year-old adult girlfriend as opposed to a needy child."
Investment stability
Dan Bachi, Goodman's civil attorney, told the Post the odd maneuver was undertaken to assure the stability of investments.
"It has nothing to do with the lawsuit currently pending against him," Bachi said.
Kelley called the adoption "unprecedented," though legal experts have cited cases of adult adoption, most done for reasons pertaining to inheritance and estate planning.
Goodman's wealth came courtesy of his father. Harold V. Goodman founded the Goodman Manufacturing Co. and pioneered the use of flexible ductwork, later becoming a major manufacturer of air-conditioning systems.
John worked for the company after gaining a marketing degree, but business interested him less than polo. Over the last two decades he has been one of polo's largest American benefactors.
http://www.chron.com/news/houston-texas/article/Houston-millionaire-sued-in-fatal-Florida-crash-2932135.php
You don't understand that once a driver is in a chemically impaired state, due to the ingestion of drugs or alcohol, he has no voluntary control over the effects of those chemicals on his body or his driving ability--they affect his Central Nervous System in a way that adversely affects driving skills.
Are driving skills enhanced when the BAC level is above .08 or are reaction time, depth perception, night vision, coordination, etc. all adversely affected? And you don't know how high Swift's BAC level was--it might have been considerably above .08.
So we should just charge anyone who we can show had been driving without needed sleep with manslaughter without regard to any other factors in an accident?
one time I found myself wavering all over the roadway and not even able to maintain constant speed was due to lack of sleep not a BAC greater then 0.0.
So, one of the first things prosecutors did was to obtain his bar bill and interview witnesses in the bar.
DUI manslaughter is the same as any other vehicular manslaughter charge
Polo Mogul Arrested, Charged in Fatal DUI
Wellington International's John Goodman out on bond after court
By Brian Hamacher
May 19, 2010
The Palm Beach polo club mogul who was involved in a February crash that killed a young man was arrested early Wednesday on DUI manslaughter charges.
John Goodman, owner of Wellington's International Polo Club, was released on $100,000 bond after he made his first court appearance Wednesday morning.
Goodman, 46, was arrested at the Four Seasons Hotel in Miami and booked into the Palm Beach County jail, according to the Palm Beach Post.
Also charged with vehicular homicide, Goodman is accused of killing 23-year-old Scott Wilson in the deadly Feb. 12 crash.
According to police, Goodman was driving his black Bentley shortly after 1 a.m. when he blew through a stop sign and collided with Wilson's Hyundai Sonata at the intersection of 120th Ave. and Lake Worth Rd.
Wilson's car tumbled into a canal, where it laid top-down, causing the recent college graduate to drown.
Police said Goodman waited nearly an hour to call police and didn't make an attempt to help Wilson.
Goodman's blood alcohol level was later tested and found to be at .177 percent, well over the .08 legal limit.
During his court appearance Wednesday, Goodman was ordered not to drink, drive or go near bars.
After the court appearance, Goodman's attorney, Roy Black, issued a brief statement.
"After thoroughly reviewing the facts available to us, the defense team believes that the arrest warrant and charges reveal only a part of the whole story," Black's statement read. "Mr. Goodman is entitled to his day in court. We ask that the public and the media not rush to judgment until all of the facts are known."
Wilson's family filed a wrongful death lawsuit last month.
http://www.nbcmiami.com/news/local/Polo-Mogul-Arrested-Charged-in-Fatal-DUI-94260714.html
Lawyers on both sides of John Goodman case are formidable
By Andrew Marra
Palm Beach Post
At first glance, the odds might seem stacked in the battle for polo mogul John Goodman's fate.
On one side of the criminal case against him is famed defense attorney Roy Black and his powerhouse Miami law firm - a stable of aggressive, impeccably mannered counsels to the troubled rich and famous.
On the other side: a two-person prosecution team led by Ellen Roberts, a former homemaker who didn't attend law school until she was in her late 30s.
But no one should be fooled by the vital statistics.
Local attorneys say that if Goodman's DUI manslaughter and vehicular homicide charges go to trial, Black's highflying firm will have found a formidable foe in Roberts - a blunt, hard-driving veteran who has exclusively prosecuted traffic homicide cases for more than 16 years.
While Black is known as a slick and brilliant tactician who often scores attractive plea deals for his high-profile clients, Roberts is regarded as a fiery, aggressive prosecutor who knows DUI law inside out and takes her cases very personally.
"She is a very tough competitor and she's very thorough," said attorney Michelle Suskauer, president of the Palm Beach County Bar Association, who has gone up against Roberts in court. "She lives and breathes these cases. She definitely leaves no stone unturned."
There seems to be little question that Goodman, 46, the multimillionaire owner of Wellington's International Polo Club Palm Beach, will bring to court all the advantages money can buy.
His deep pockets can assure that Black's firm can hire any number of private investigators and experts to probe for weaknesses in the state attorney's office's case, which alleges Goodman was drunk in February when he crashed 23-year-old Scott Wilson's car into a canal and then ran off, leaving the recent college graduate to drown.
When Goodman was arrested Wednesday on charges of vehicular homicide and DUI manslaughter with failure to render aid, it set into motion what is likely to be one of the most closely watched local traffic homicide cases in recent years.
Black, who declined to comment for this story, has a reputation for tough fighting and smooth negotiations. When radio talk show host Rush Limbaugh was investigated and eventually charged with felony doctor shopping in 2006, Black persuaded Palm Beach County prosecutors to drop the charges if Limbaugh completed 18 months of substance abuse treatment.
When Boca Raton accountant Jay Levin was charged with manslaughter for shooting dead his 16-year-old neighbor in 2003, Black's firm struck a plea bargain so he served only a year of weekends in jail and 10 years of probation. An unusual clause Black worked into the plea deal allowed Levin to get off of probation five years early.
Perhaps most famously, he won a not-guilty verdict for William Kennedy Smith in a 1991 rape case after persuading the judge not to allow testimony from other women who claimed he had tried to assault them.
When Black battled out the Smith case in court, one of the two prosecutors working against him was none other than Roberts, then a 46-year-old quick-rising prosecutor with six years of experience at the state attorney's office. She served as the No. 2 prosecutor in the case.
If the Goodman case can be considered a rematch at all, it's one that's squarely on Roberts' turf.
Roberts, who started and now runs the state attorney's office's traffic homicide division, acknowledges that her team will be outgunned financially. But she shrugs off any implications that it will give Black's team any advantage.
"The more money they have, the more experts they can hire and the more depositions I'll have to go to," she said dismissively. "The only difference between them and me is they make a lot more money."
Roberts downplayed the need for outside experts in DUI crash cases, saying she prefers to rely on the expertise of law enforcement officials who investigated the crash.
And Roberts, who teaches police officers at an academy in Jacksonville how to investigate crashes, said her team understands the issues like only someone who was there at the crash site can.
Roberts is known for frequently visiting the scenes of fatal crashes hours after they happened. She works closely with the families of crash victims and has developed lasting bonds with some.
"There's nothing like going to the scene of a crash," she said. "It's the sights and smells that make you passionate about it."
In legal circles, Black's reputation precedes him. His talent for thoroughly investigating a case and devising shrewd legal strategies at trial can sometimes put pressure on prosecutors to negotiate, said Doug Duncan, a prominent West Palm Beach defense attorney.
"Sometimes there are cases where it is in everyone's best interest to resolve it by a negotiated plea," he said, declining to comment directly on Goodman's case.
Roberts said if the case goes to trial, she will be ready. And if events so far are any indications, she won't be going easy on Goodman.
At Goodman's first court appearance Wednesday after his arrest, Roberts surprised his defense attorneys by calling for the polo financier to be placed on house arrest with an ankle bracelet after being released on bond.
She argued that because of his wealth and connections in England and Argentina, he was an unusual flight risk. A judge denied Roberts' request but did restrict Goodman from leaving Palm Beach County without special permission.
The message seemed clear: Roberts wouldn't be pulling any punches.
http://www.sun-sentinel.com/news/palm-beach/sfl-john-goodman-lawyers-20100522,0,299057.story
Do the dynamics of the impact matter to Thom's future? I dont think so...Thom was drunk and chose to drive, Barry is dead....case closed. That will be 13 years, tyvm.
Do the dynamics of the impact matter to Thom's future? I dont think so...Thom was drunk and chose to drive, Barry is dead....case closed. That will be 13 years, tyvm.
Let see the direct cost will be around 390,000 to keep him in prison for 13 years to the taxpayers not to comments on the indirect costs.
How many young people could we help with state grants to get college degrees, how many poor women could we screen for breast cancer for that amount of money and on and on we go.
The fireflies of the world think that harsh sentences only harm the person who they fall on instead of all of us as a society.
Does a long sentence of a decade or so get the point across any better then a sentence of a year or two that society frown on anyone who drive with a high BAC and get involved in an accident that take a life?
That is in added to the issue of whether it should matter how must if any the BAC level of the driver was responsible for the accident in any case.
Does a long sentence of a decade or so get the point across any better then a sentence of a year or two that society frown on anyone who drive with a high BAC and get involved in an accident that take a life?
society frown on anyone who drive with a high BAC and get involved in an accident that take a life
The fireflies of the world think that harsh sentences only harm the person who they fall on instead of all of us as a society.
Yes, as a matter of fact it does get the point across better--to other people
who might think about getting in a car drunk.
Laws and sentences are also meant to have a deterrent effect.
Yes, as a matter of fact it does get the point across better--to other people who might think about getting in a car drunk. Laws and sentences are also meant to have a deterrent effect.
Let see the cost of keeping someone in prison run around 25 to 30 thousands a year not to mention the loss to the society in taking a working and taxpayer off the roll for those years.
Perhaps placing his family on the welfare rolls also.
You're the one concerned with the sentences. I'm concerned with the problem of drunk driving--and stopping it.
