WEST PALM BEACH, Fla. -- - The lawyer for Dennis DeMartin is speaking out for the first time in an effort to try to keep the juror out of jail for contempt of court.
The charge comes as a result of DeMartin's actions that have now triggered a new DUI manslaughter trial for polo mogul John Goodman.
"I don't think anyone intends to do something that will cause them harm down the road. But obviously, this a very serious thing," said Joe Walsh who is representing DeMartin free of charge.
A judge called DeMartin "recklessly indifferent to the truth" because DeMartin did not tell lawyers his ex-wife once had a DUI arrest. That revelation might have kept him off the Goodman jury.
The 69-year-old is facing a charge of indirect criminal contempt, a crime that could land DeMartin in jail for more than five months.
"You know you don't really want to envision a 70-year-old main going to jail. But at the same time obviously, the law is the same for every person," said Walsh.
Walsh said of the thousands of cases he has been a part of, only two-percent have involved people over the age of 65.
Michael Edmondson of the state attorney's office released this statement:
"The state attorney's office is ethically constrained from making any extra judicial commentary on an active case."
Walsh said the age of DeMartin could be brought up in court.
"It's got to be tough for a guy in this position, especially with his health condition. Obviously that will be something we'll discuss in court," said Walsh.
Walsh will also be filing two motions to dismiss the charges.
"Certainly we're going to do our best to make sure he doesn't serve any time," said Walsh.
Walsh also said he will be filing a motion to demand a jury by trial.
DeMartin is expected to appear in court May 30th.