DeMartin's attorneys ask for more time to prepare defense
By Rachel Leigh| May 16, 2013 at 6:59 PM EST - Updated August 29 at 1:07 AM
WEST PALM BEACH, FL (WFLX) - Attorneys for Dennis DeMartin, the juror at the center of the misconduct allegations that led Fifteenth Judicial Circuit Court Judge Jeffrey Colbath to order a new DUI manslaughter trial for International Polo Club founder John Goodman, have asked Colbath for more time to prepare their defense of DeMartin.
On Thursday, Robert Gershman and Joseph Walsh filed a motion that asked Colbath to clarify the intent of a criminal contempt of court hearing scheduled for May 30.
Colbath scheduled the hearing earlier this month after he found attorneys for Goodman had proven DeMartin had hidden an ex-wife's DUI arrest during jury selection. "It is clear there does not exist enough time to afford [DeMartin] his due process rights before a May 30 bench or jury trial," Gershman and Walsh said.
The attorneys said they needed more time to secure witnesses and allow DeMartin to finish "medical evaluations and treatment" that would be presented during a trial.
Gersham and Walsh said they were prepared to file motions that would ask the Palm Beach County State Attorney's Office to recuse itself from the case and depose Assistant State Attorney Sherri Collins.
They also said they would ask Colbath to explain the maximum sentence DeMartin would face if found in contempt of court.
A panel of six jurors, including DeMartin, convicted Goodman of DUI manslaughter in connection with the death of University of Central Florida student Scott Wilson in 2012.
The conviction was vacated when Colbath ordered a new trial earlier this month.
On Friday, Colbath is expected to decide whether he would change the conditions of Goodman's house arrest.