Dennis DeMartin could be headed back to jail.
DeMartin’s actions resulted in the first DUI manslaughter conviction against polo mogul John Goodman being tossed out of court.
A Florida appeal court rejected DeMartin's effort to overturn his contempt of court conviction and six-month jail sentence.
DeMartin admitted after the first trial in 2012 that he had conducted his own drinking experiment before jury deliberations began in Goodman’s case.
The judge threw out the case, prompting a retrial.
Goodman was later convicted in a second trial in the DUI manslaughter death of Scott Wilson.
DeMartin spoke exclusively to WPTV by phone from his Connecticut home.
“I'm going to be 73 years old next month in May. You want to take me back to jail for the five months? What do you do, come and get me? I don't know. I don't even have enough money to go get lunch tomorrow," said DeMartin.
The appeals court noted that the jury system depends on jurors following instructions.
