John Goodman juror Dennis DeMartin remains silent after Palm Beach County judge orders new trial

Judge Jeffrey Colbath felt juror's action created

DELRAY BEACH, Fla. -- The juror at the center of a decision that landed polo mogul John Goodman a new trial is staying silent.

Juror Dennis DeMartin is not answering his phone and did not open his door at his Delray Beach apartment on Friday.

Palm Beach County judge Jeffrey Colbath decided on Friday to throw out the DUI manslaughter conviction of Goodman based on the actions of juror Dennis DeMartin.

"His cavalier and offensive demeanor during the interview of April 29, 2013 brings this Court to the inescapable conclusion that DeMartin denied the State, the Defense and the citizens of this Circuity a fair trail," wrote Judge Colbath in his 11-page motion for a new trial.

Goodman's lawyers argued DeMartin lied about his ex-wife's DUI arrest. Before that revelation, Goodman's lawyers complained about what DeMartin called a "drinking experiment" which he conducted before voting to convict Goodman last year.

Goodman's attorney, Roy Black, issued a statement that read in part:

"A juror who deceives to get on a jury in a high profile case for his own profit is a trial lawyer's worst nightmare. Fortunately, this time the deception was exposed and a courageous judge set aside the verdict."

DeMartin is scheduled to appear before a judge on May 30, where he must prove he is not in contempt of court. If he does not appear, a warrant will be issued for his arrest.

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