Judge says Dennis DeMartin mental health evaluation will be videotaped
9:46 AM, Oct 25, 2013
12:40 PM, Oct 25, 2013
WEST PALM BEACH, Fla. -- The mental health evaluation of Dennis DeMartin, the juror in the DUI manslaughter trial of John Goodman whose alleged misconduct won the International Polo Club Palm Beach founder a new trial, will be videotaped, 15th Judicial Circuit Judge James Martz ruled on Friday.
A single copy of the videotape will be given to Martz and sealed so that it cannot be released to the public.
During the hearing, defense attorneys Robert Gershman and Joseph Walsh objected to the evaluation being videotaped by the Palm Beach County State Attorney's Office.
"The best evidence will be the video or audio recording of the interview," Martz said. "I can't see anything better than the actual recording in front of me."
Fifteenth Judicial Circuit Court Chief Judge Jeffrey Colbath ordered the evaluation in September after Gershman and Walsh argued that DeMartin may have dementia.
DeMartin, 70, was charged with contempt of court after he admitted that he conducted a drinking experiment before jury deliberations in the DUI manslaughter trial.
He was also alleged to have hidden a former wife's DUI arrest from attorneys and Colbath.
DeMartin has said that health problems had affected his memory.
In 2012, a panel of six jurors, including DeMartin, convicted Goodman of DUI manslaughter for the death of University of Central Florida student Scott Wilson, 23.
Later this year, Martz will decide whether DeMartin is competent to stand trial on the contempt of court charge, which carries a sentence of up to six months in jail.
Recently, Colbath denied a motion filed by attorneys for the polo club founder to move his re-trial out of Palm Beach County, but said he would reconsider the motion if an impartial jury could not be impaneled.
Goodman's re-trial is expected to start early next year.