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Judge questioning jurors in Goodman DUI manslaughter trial

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    Legal panel weighs in on the case

  • Duration 5:36
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Kelly scores back in session early today on the docket this afternoon a Fox News alert.

An emergency hearing is under way right now in the case of the convicted Florida polo tycoon John Goodman but the best pictures from inside the courthouse.

Today was supposed to be sentencing day originally for the polo playing millionaire.

He possibly faces thirty years behind bars he's been convicted.

For drunken -- plowing his Bentley into a young man's car and then leaving that young man at the scene to die.

Now the defense -- filed all sorts of motions and they've questioned jurors.

As having engaged in misconduct.

There -- now questioning the judge accusing him a lot of misconduct.

And they suggests that these jurors and the judge.

Have effectively tainted this verdict.

Joining me now to discuss -- former prosecutors now defense attorneys Arthur right dial up and mark -- large.

So they're going Roy Black -- the defense -- he's big famous defense attorney he lost he lost his case to trial and that didn't come as a shock any of us who watched the case.

In -- given this guys actions and what he -- the breathalyzer Arthur now they're going after the jurors suggesting they.

Didn't didn't behave as they were supposed to and now what's this business about the judge what evidence they have it that the judges.

Why test they have -- some evidence that the judge I've received communications from one jury there was basically I think you deserve -- like a whistle blower juror.

Who came forward after the verdict you said listen there we alternate.

The -- and she's -- there was an improprieties here.

And I tried to reach out to the judge but I called but nobody called me back and that's why I'm now calling you.

Defense counsel.

And the defense attorneys say hey wait a minute.

What do you mean you should we spoke to the judges spoke please Chamberlain -- what did you say what happened considered Federer and they feel like they have a right to know that.

But what -- man his sentence basically possibly the like from prison.

You know mark as you know now -- Arthur does because you're big famous defense attorneys to -- it and all sorts of -- procedural maneuvers to try to get a guilty verdict overturned is this that.

You mean zealously defending our clients and again.

Let's send it is Roy black's job and his team to do everything they possibly can.

To help their client it doesn't mean that they're going to have merit to their argument in fact most cases are not disturbed after conviction.

The chances are very low they're very remote and approaches almost no real value in this case.

The judges -- I never spoke to this woman I never had any communications with her.

There is no merit to what you're arguing I was fair and I think ultimately that's of the appellate court will fun.

Because it was our viewers know we did Kelly's court -- this couple weeks ago that that.

One of the alternate jurors came out accused the jurors of misconduct said they will watch media coverage said they talked about the case before they went deliberation did all sorts of bad except what -- was reading a book about the trial during the course the -- The judge has denied the defense motion for a new trial based -- all that he said net.

In meeting convince me.

And now they want the judge off the case because they -- he got communication from jurors that he didn't disclose.

-- as I see it it amounts to.

This one woman's letter.

Is one alternate jurors letter of the judges said I didn't get it if I get any less -- the jurors by -- staff my friend that you know office staff opens up and they sent it to defense counsel.

And the prosecution counsel -- isn't that the end of the matter.

Because it's so rare I mean -- let thousands probably now Kelly's chords that we use you've covered.

Yeah how many times do you something like this happening -- did the judges credit let's talk about what he actually is doing which is extremely -- Calling the jury back end.

An -- basically willing.

To have them questioned about whether they reached his verdict on proper -- I will tell you that's never happened in any case.

That I've been involved well -- gonna take us over right black -- ahead.

A lot of the thing is he's got what he -- is he had an alternate juror was very insistent.

That these jurors were deliberating number one before them did they were told him and number -- following gains on the Internet -- -- a huge problem right now and it would taking evidence into consideration that really wasn't evident they.

They reluctantly realize that you -- I Kelly's court mark but that's what why did a lot -- the judge Perry denied a new trial is he allowing them to have a crack at these jurors.

Well what what -- said needs to be fleshed out the judge made a factual finding.

That none of the jurors that deliberation was tainted in any way.

And thus.

That's it he's the factual finder here and when he's on -- -- real pain you can't -- -- Well he had to Roy Black as I said I'm not a previous 'cause court alleged enough that it was problematic the -- need to inquire.

And if one of them maybe read a report somewhere during deliberations the judge then had to say well when you look at the newspaper saw the report did that affect your deliberations anyway no.

OK there you go -- That -- that's an earlier -- witness that's spectacle are good that these jurors are gonna get -- -- -- witness stand and be crossing the Jersey going to be cross examined by the lawyers who tried the case for or.

I don't know exactly how this judge -- -- -- could be the judge himself usually if the judge himself saying.

He's been brought drugs -- that you may have taken some evidence that wasn't hurt that there -- heard this courtroom.

Did you do that or did you read this.

Did this affect your verdict or did you I mean look they're loaded questions or did you get reached a verdict based on the have a majority yes judge I -- I -- on the red.

Leo while all I didn't I didn't do it -- -- -- out I swear wasn't me.

Idea hour on C you know number one say I told you not to put me on this jury it's indicative of the news I can't I -- get up at the aren't there mark thank you thanks -- continue to follow it.

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