Lawyer wants John Goodman's blood sample following deadly crash - Fox29 WFLX TV, West Palm Beach, FL-news & weather

Lawyer wants John Goodman's blood sample following deadly crash to be disqualified

picture by LANNIS WATERS / THE PALM BEACH POST picture by LANNIS WATERS / THE PALM BEACH POST
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WEST PALM BEACH, Fla. - Another chapter in the John Goodman case unfolded in an appellate court Monday morning.

Lawyers for both Goodman and the Florida Department of Law Enforcement went back and forth over a key piece of evidence from his DUI manslaughter trial – his blood test.

52-year-old Goodman was behind the wheel of a crash that killed 23-year-old Scott Patrick Wilson back in 2010.

Goodman's lawyer, Jane Kreusler-Walsh wants the blood test that he was given after the crash to be disqualified.

Kreusler-Walsh argues that the FDLE doesn't have the authority to regulate blood collection.

They also claim that the blood sample drawn from Goodman is unreliable.

The attorney says the nurse who tested Goodman used a needle that was too small, compromising the blood sample.

Ann Marie Johnson, a lawyer with the FDLE, pushed back.

She says there is no basis to invalidate the department's blood collection rules, adding that needle size is irrelevant and doesn't affect samples.

Goodman was convicted initially in 2012, and again in 2014 after a re-trial.

Our WPTV legal expert Michelle Suskauer tells NewsChannel 5 the appeal of this evidence has major implications.

“This is a major remaining issue in the John Goodman case,” Suskauer says. “If the blood test results came into evidence and were considered by the jury and it was improper, this could potentially lead to a new trial for John Goodman.”

There’s no time table on when the judges are set to make their decision, but we’re told it could be months.

Meanwhile, Goodman is set to appear in court Tuesday morning for a hearing on a sentencing error.

News Channel 5 will be in the courtroom as that hearing unfolds.

Copyright 2015 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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