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I -- -- back in session on the docket today John Goodman.
The Florida millionaire convicted of drunk driving and killing -- 23 year old man may be getting a new trial that's what he's asking for.
And alternate juror accusing the jury misconduct.
Saying 01 man on the jury was even writing a book about the case during the trial.
And now that juror.
Has written to the judge a lengthy letter as the judge is considering bringing the entire jury back into the courtroom.
To explain themselves.
Listen to the one who was accused of writing the book.
No I told but the other book I was writing and a -- about the notes that I was like can never neck.
I didn't start the book everything I tell you is what I gonna have to -- tried to.
Explain to them I don't see how I did anything that was not correct.
Joining me now David -- -- defense attorney and mark backlash defense attorney and former prosecutor I don't think.
So earlier we had been told that this guy yes he was writing a book during the trial but the name of that book was the trials and tribulations of a senior citizen getting a date without a car.
Now it seems that the defense is pushing back on that suggesting nun -- -- and in -- -- the book you're reading during the trial.
Is the book -- you now admit you are working nine.
And that's a book about this case David does that change things.
Well you know there are gonna have the judges got me independent valuation original -- this is the part it's gonna and the other ten years zap -- -- five girls is you don't look like my daddy any.
And it -- you usually -- sorry go ahead he's -- he's a little intimidated.
Well geez thanks mark congrats to all pretty -- -- -- us again the judge called it.
What it if the -- -- Some determination that yes the juror was -- actually writing a book and the book contained opinion perhaps on what was going on.
Then yes make but instead they're -- his mark knows in Florida is very very top.
That they're basically -- court will have to find that the misconduct involved events outside the court process in other words.
A -- going talking to a lawyer or talking to witness going to the crime scene and re creating something are investigating something.
So this alone probably is gonna be -- not even if the judge substantiates.
And -- again Megan this is with the alternate juror who may be trying to make a name for himself because he had.
Nor are they don't her cell market I don't know because this guy and other jurors coming up the one who is an actual -- not an alternate the one who was accused it and he's saying look.
This alternate jury is in her mid eighties.
She has an ax to grind because she didn't make -- apparent shooting get to deliberate she's ticked off she wants -- moment in the sun.
And I didn't -- anything wrong I wrote the other book during the trial this book I only started after the trial and lots of jurors have done that just asked.
All right let's assume it in the worst scenario that he actually was writing a book about this trial as I think David suggested.
That will not cause a new trial.
He didn't take that material.
And and then somehow have contact with external forces like what's more troubling is the -- media reports that they allegedly looked that.
But let's go back to the book even of these write a book about -- trial that will not get a new trial into the court thinks that was in a.
I'm not because -- -- are not your you know I lots of jurors take notes that could be used in a book but if you aren't if you know you're generated.
Book about that case during the case.
Do you have -- greater incentive to come to a guilty verdict perhaps make it more you know.
And marketable but I say go ahead mark.
But but that's not how the appellate court works that they would need actual evidence showing -- that impacted either this juror or the others and it's gonna fall short of that I -- problem yeah.
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