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Polo mogul makes bid for new trial, claims juror misconduct

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    Legal panel weighs in on the case

  • Duration 6:25
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Kelly scores back in session on the docket today a new twist in the case of the Florida millionaire convicted of DUI manslaughter.

Before this guy's criminal trial he was involved in a civil trial with his victim who he hit -- to rock.

John Goodman in the civil trial adopted his girlfriend an apparent bid bid to shelter his considerable assets -- entertain the criminal trial.

And he was convicted.

Now the powerful polo playing businessmen is making a play for a new trial claiming juror misconduct.

His attorneys relying on an alternate juror who has come forward saying the jury disobeyed it's both.

That jurors discuss this case made up their minds before the trial ended in more.

In -- alternate juror even singled out juror number six -- -- market saying mr.

to Barton was actually writing a book about this case during the trial.

To -- -- here shown here says the defense attorneys are not to be believed.

I think -- she's just trying to make some slow not I feel not -- because I don't feel like did anything wrong.

Joining me now Arthur I -- criminal defense attorney former prosecutor at a Fox News legal analyst at Mercedes -- who is also a Fox News legal analyst alright so this.

I actually you are they obligatory we -- -- mr.

we want a new trial.

But yeah something here our third that they.

This ultimate jerky port on her own the defense attorneys didn't go seek her out and she is a long list of things she said the other jurors were doing wrong.

And he is -- this is in my opinion we -- is at the most credibility she came out to the court for -- She according to -- she called the court clerk of the court staffers.

And no ever called her back.

And then she reached out to Roy Black the -- defense attorney's office and that was -- and what did you say the jury was doing.

A couple of things number one is they were basically deliberating they were talking about the evidence before they're supposed to look everybody knows who's done a trial have been involved in -- courtroom.

A judge will tell you every single day actually almost at every break even before bathroom breaks.

Don't deliberate on this case until you've heard all of the evidence and according to -- in the back -- in the hallways at lunch breaks.

Jurors were discussing the evidence they were discussing the defendant they were discussing his wealth.

They were making fun of how much money -- had and all the poor rich guy etc.

etc.

and that is the allegation about the gentlemen if you showed the clip.

About he just wrote we was writing a book about the trial as it was going on which would have a severe impact on which way he wanted to see that very.

Okay and yet -- yet Mercedes with respect to -- juror number six mr.

to Maarten he admits that he was writing a book during the trial however he says the name of that book is.

The trials and tribulations of a senior citizen getting a date without a car with it and if true that is not a problem for mr.

-- -- or for this court.

Exactly right I mean -- this guy is just he's all about.

I'm planning to blame someone else I didn't put my foot on the accelerator -- -- 50000 dollar Bentley did it.

I didn't I wasn't drugged before this happened I never thought of my pain that I had this extreme -- I called my mom Monica couldn't think clearly I know that he went into the canal -- -- and a give me a break.

The reason why he was convicted is one he failed miserably.

On the stand we also has testimony was unbelievable and -- is director looking ending cross examination.

That he exploded.

And then suddenly.

-- crime that there's some jury misconduct we don't have any concrete evidence number one that there are marshaling the in the evidence all people -- -- talk about new -- they talk about.

That they jurors are talking about the -- that they Marshall in the evidence.

That they did that they say I don't believe the defendant they took the -- number -- got everything they got -- -- more evidence that they didn't do here but did not supposed to be march on the everything we.

Discussing the case until the judge reads them all the -- law I don't believe they don't have any concrete evidence but there.

Actually getting it right now the alternate juror comes forward and makes a complaint and now they're investigating in their polling all the other jurors to find out and of course the jurors have a motivation to say it's not true -- we were we we were outstanding we followed the law we can with the judge told us do.

But you know the alternate our third does she have an ax to grind or not apparently during that trial she chastise one of the other jurors saying you shouldn't be making these comments.

And the jurors said oh you just have a crush on the defendant.

I'll -- -- that's not enough I mean I've.

You know that's not enough -- haven't actually right she was doing the right thing -- -- -- -- -- behaving the way jurors is a poster if I returned Eric -- can we don't benefit because here they say that the jurors discuss the evidence before the end of the case they -- derogatory comments about -- well throughout the trial they ignore the instructions about not reading immediate average advocates think that's huge that's not -- Huge -- is huge.

The judge has -- -- ensuring we have to -- for every hearing and have -- and have each -- Europe one at a time subject to cross examination by Roy Black about what they did and what they did do.

You -- a good -- and that the all the other jurors that are -- going did not and they know they're under oath that under penalty of perjury they're going to testify.

They're going to say listen we didn't do any of these and what we're pleased that he's you heard the -- -- I'm writing this book government -- of the senior citizen we have.

The wait until May have been -- bigger -- accordance they would have biggest issue every trial attorney in America faces now probably throughout the world.

He's jurors not having the self control.

Not to go on the Internet and research the case jurors tell you all watch -- Kelly corporate and then watch a little got to meet this case many absolutely and jurors are not supposed to do that because it leaks into whether they want to when I at least into -- brain and a decision making process.

And it's -- -- to be decided on the evidence I brought their Mercedes say at 240 buck -- I mean this indicates is not good before it goes to the jury but idea -- -- and a jury you know jurors walk around the -- a little things -- said you don't it's not that -- -- what -- -- -- But watching -- -- taking in media coverage of the case contrary the judge's instructions could be a problem for these jurors overseas.

How how high is the bar for the defense static at the verdict thrown out -- get in a mistrial because this at thirty -- -- Preponderance of the evidence more likely than not that he did he was not rendered a fair trial as a result of the jury misconduct.

So with a lot less burden -- then the reasonable doubt burden that that the prosecute -- best case scenario frenzied it's a new trial the right -- like yeah I think you're free arrest any station thirty years -- -- the judge.

-- -- -- -- -- -- Making sure this guy has a -- drive -- -- can you believe it you know you imagine out of all this penalty give us a much.

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