John Goodman granted new trial in death of Scott Wilson

John Goodman will be sentenced today, 5-11-12.

WPTV will Live Stream it today. Hearing is suppose to start at 1:59 p.m. EDT.

Here's the Link to the page for the Live Stream:

http://www.wptv.com/generic/news/news_livestream1/live-streaming-coverage
WPTV - West Palm Beac, FL Live Stream - Goodman Sentencing
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John Goodman sentencing hearing today: Goodman may be freed on bond pending appeal
Juror Dennis DeMartin to be interviewed as well

May 11, 2012

Posted: 5:12 AM
Last Updated: 28 minutes ago

• By: WPTV Web Team

WEST PALM BEACH, Fla. -- Wellington millionaire John Goodman is set to be sentenced today after a jury found him guilty on March 23 of DUI manslaughter and vehicular homicide charges.

Read more:

http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/john-goodman-sentencing-hearing-today-goodman-may-be-freed-on-bond-pending-appeal#ixzz1uZtrU5XN



WPTV is streaming live video of Wellington millionaire John Goodman's sentencing today, after a jury found him guilty of DUI manslaughter charges in March.
Photographer: Lannis Waters, Palm Beach Post

The Palm Beach Post will Live Stream and Live Blog the John Goodman sentencing today, 5-11-12.
~~~~~

Goodman may be freed on bond pending appeal after today's sentencing hearing

Reporter Jane Musgrave will be live-blogging today's scheduled sentencing hearing starting at about 2 p.m. There will also be live streaming video.

Title: John Goodman sentencing hearing

Date: Friday May 11, 2012
Time: 1:45 PM EDT


By Christine Stapleton
Palm Beach Post Staff Writer - FL

Updated: 8:55 a.m. Friday, May 11, 2012
Posted: 7:55 p.m. Thursday, May 10, 2012

After John Goodman is sentenced today for killing Scott Wilson, his attorneys will argue that he should be released while he appeals his conviction.

There is a good chance they will succeed and Goodman will be a free man, at least for the time being. Even though a jury found Goodman guilty of DUI manslaughter, Florida law allows Circuit Judge Jeffrey Colbath to set bond after he sentences him.

Read more:

http://www.palmbeachpost.com/news/crime/goodman-may-be-freed-on-bond-pending-appeal-2350606.html?cxtype=ynews_rss

Goodman to learn fate for crash that took life of promising young engineer

By Peter Franceschina, Sun Sentinel - FL

12:02 p.m. EST, May 11, 2012

Scott Patrick Wilson was a young man with a fresh engineering degree from the University of Central Florida and a promising future, on his way home to Wellington late one night in February 2010 for a weekend celebrating his sister's 19th birthday.

The judge who must decide the punishment for Wellington polo mogul John Goodman already has heard all about the horrible drunken-driving crash that led to Wilson's death.

Read more:

http://articles.orlandosentinel.com/2012-05-11/news/fl-john-goodman-polo-mogul-sentence-preview-20120510_1_scott-patrick-wilson-william-and-lili-wilson-john-goodman

The Judge denied John Goodman a new trial after questioning one of the jurors.

Scott Wilson's family (some via their attorney) spoke on behalf of the victim, Scott.

Then the Defense called a few folks to speak on behalf of Goodman.

The State is asking only 20 years! I wish they would have asked for 30.

Sentencing should be real soon. Judge is now speaking.

John Goodman was sentenced to 16 years. The State asked for 20 years.

In FL, I wonder if Goodman will have to serve the entire sentence or will he be out on parole in a year or two.

Maybe the media will provide that info later today.

I am disappointed in Goodman's sentence. He deserved 30 years in my opinion!

When Goodman spoke to the Judge today, he showed no remorse and did not take responsibility for the horrific death of innocent, young Scott Wilson.

~ ~ ~ Rest in peace, Scott! ♥ ~ ~ ~

Hi Ann.

Test

Goodman, John: Florida


John Goodman's release delayed as sheriff's office scrambles to watch over him
Terms not all listed here in the clipped-
"Hours after Palm Beach County Circuit Judge Jeffrey Colbath signed an order allowing Goodman to be released from jail while he appeals his DUI manslaughter conviction, it appeared he was headed home. His brother and sister each posted $3.5 million to secure his release.

Originally, Goodman was to post $3 million himself. Asked why his siblings posted the entire amount, prosecutor Ellen Roberts said via email: "He's broke and we wanted someone else to be on hook."


" He will be allowed to visit with family members at his home. He can have two friends over at time. His girlfriend Heather Hutchins, the 42-year-old Atlanta mother of two who Goodman adopted, is considered a family member, according to the order. He has said he adopted Hutchins to gain more control over his two school-age children's reported $300 million trust."

" How long Goodman will remain on house arrest depends on how soon his appeal is heard. It could take as long as two years. "

http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/john-goodmans-release-delayed-as-sheriffs-office-scrambles-to-watch-over-him

Freckles wrote:Goodman, John: Florida


John Goodman's release delayed as sheriff's office scrambles to watch over him
Terms not all listed here in the clipped-
"Hours after Palm Beach County Circuit Judge Jeffrey Colbath signed an order allowing Goodman to be released from jail while he appeals his DUI manslaughter conviction, it appeared he was headed home. His brother and sister each posted $3.5 million to secure his release.

Originally, Goodman was to post $3 million himself. Asked why his siblings posted the entire amount, prosecutor Ellen Roberts said via email: "He's broke and we wanted someone else to be on hook."


" He will be allowed to visit with family members at his home. He can have two friends over at time. His girlfriend Heather Hutchins, the 42-year-old Atlanta mother of two who Goodman adopted, is considered a family member, according to the order. He has said he adopted Hutchins to gain more control over his two school-age children's reported $300 million trust."

" How long Goodman will remain on house arrest depends on how soon his appeal is heard. It could take as long as two years. "

http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/john-goodmans-release-delayed-as-sheriffs-office-scrambles-to-watch-over-him

Thanks for this update!
Question: Does anyone know what happens IF his appeal is denied, what happens to the length of his sentence. IOW, does the time he spends on house arrest count towards his 16 year sentence IF the appeal ultimately is denied???
That doesn't seem quite fair....

Freckles, thanks for the updates.

Weezie, I don't know. Maybe someone familiar with FL law will hop on board and let us know.

Maybe one of the FL media will have more info later today or tomorrow.

Broke? . . . millions stashed away and protected.

According to the article, IIRC, he has to pay for the private/off duty PD security team to watch him 24/7. I believe the story said it would run about $1,000 a day.
Multiply that times 2 years? Wow.

I never read IF he got credit for "time served" while under house arrest. He WAS given credit of 51 days of jail time. Further, I do not know how much time before early parole would be considered.

John Goodman released from Palm Beach County Jail under in-house arrest

clipped-
" Under terms of the bond, Goodman would return to his home and will not be allowed to leave the club's grounds. He also has to line up off-duty police to watch him around the clock and to stay within 100 feet of him at all times. He also will not be allowed to socialize with club patrons.

He will be required to have two deputies on duty 24-hours-a-day. Source close to the defense estimate the security will cost Goodman roughly $730,000 a year.

According to The Palm Beach Post, the $7 million bond for Goodman came from his brother and sister. The money is being held in a non-interest bearing account the Palm Beach County Clerk of Court's office uses for cash bonds. "

http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/john-goodman-getting-out-of-jail-his-release-process-should-begin-today-sources-say

(And the gods protest: " Severe Thunderstorm Warning issued May 18 at 2:48PM EDT expiring May 18 at 3:15PM EDT in effect for: Broward; Miami-Dade…" )

Thanks for the update, Freckles.

51 days credit? Hmmm...I really wish media would report how his conviction sentence "works" while he is on mansion arrest. Does the clock stop until appeal is decided? Or does he get lucky (again) and each day is another day against the 16 years??

Dunno. I really feel bad for the Wilson Family.

Sept 3, 2012
Divorce of John Goodman Victim’s Parents Flares Up!

Clipped---

" The Wilsons, meanwhile, settled civil lawsuits with multi-millionaire Goodman and The Players Club, the last bar in which Goodman was seen before the crash.

And as Gossip Extra revealed exclusively, Goodman and the club’s owner ended up paying a total $46 million!

William and Lili, who were officially divorced in December 2007, split the money evenly.

Now, William has reopened the divorce case because he wants to stop paying his $2,500-amonth alimony to Lili."

http://gossipextra.com/2012/09/03/john-goodman-victim-divorce-alimony-1793/

-- Other links on this page.

John Goodman back in jail: Palm Beach County deputies say he tampered with ankle device
10/11/2012

" Palm Beach County Circuit Judge Jeffrey Colbath sentenced Goodman to 16 years in prison, but he was later released on a $7 million appellate bond and required to wear the ankle monitoring device."

" Goodman has been serving in-house arrest while his attorneys appeal his DUI manslaughter conviction."

Read more: http://www.wptv.com/dpp/news/region_c_palm_beach_county/john-goodman-returned-to-jail-palm-beach-county-deputies-say-he-tampered-with-ankle-device#ixzz28ycUlJqY

Freckles wrote:John Goodman back in jail: Palm Beach County deputies say he tampered with ankle device
10/11/2012

" Palm Beach County Circuit Judge Jeffrey Colbath sentenced Goodman to 16 years in prison, but he was later released on a $7 million appellate bond and required to wear the ankle monitoring device."

" Goodman has been serving in-house arrest while his attorneys appeal his DUI manslaughter conviction."

Read more: http://www.wptv.com/dpp/news/region_c_palm_beach_county/john-goodman-returned-to-jail-palm-beach-county-deputies-say-he-tampered-with-ankle-device#ixzz28ycUlJqY

Well, well, well.....will be interesting to see what the Judge does, ie revoke bail??

Weeziethm wrote:

Freckles wrote:John Goodman back in jail: Palm Beach County deputies say he tampered with ankle device
10/11/2012

" Palm Beach County Circuit Judge Jeffrey Colbath sentenced Goodman to 16 years in prison, but he was later released on a $7 million appellate bond and required to wear the ankle monitoring device."

" Goodman has been serving in-house arrest while his attorneys appeal his DUI manslaughter conviction."

Read more: http://www.wptv.com/dpp/news/region_c_palm_beach_county/john-goodman-returned-to-jail-palm-beach-county-deputies-say-he-tampered-with-ankle-device#ixzz28ycUlJqY

Well, well, well.....will be interesting to see what the Judge does, ie revoke bail??

One can only hope.

Here is an update or a different piece. It offers additional info:

John Goodman back in jail, deputies say he tampered with ankle device
Bond could be revoked at hearing Friday
10/11/2012

" The front part of it was pried open which allowed water to get inside. I think he thought, you know, in my estimation he thought that was going to disable it. [It] doesn't work like that," said Sheriff Ric Bradshaw. "He paid the price for it because he's back in the Gun Club Hotel (Palm Beach County Jail). That's where he's going to stay."

"
"Think about what's going on in America right now. You know you've got celebrities and people with a lot of money, they get arrested, they break the law. And, after a while they just think the rules don't apply to them. Well, guess what? That don't happen here. He gets treated just like every other person that's in my custody. He violates the rules, he's back in jail," said Sheriff Ric Bradshaw.

The conditions of John Goodman's post-conviction release are an extraordinary accommodation far beyond the means of the vast majority of criminal defendants. If the facts support the conclusion that Mr. Goodman actively attempted to violate those conditions, then it is clearly time to end his privileged treatment and relieve him of the burden of paying for his private "jailers," according to a statement from attorney Jack Scarola. He issued the comments on behalf of Chris Searcy who represents Scott Wilson's mother Lili. "





Read more: http://www.wptv.com/dpp/news/region_c_palm_beach_county/john-goodman-returned-to-jail-palm-beach-county-deputies-say-he-tampered-with-ankle-device#ixzz295UsbsoY

---He was released to home arrest and monitoring (at HIS cost) pending appeal. I gather the status of the appeal has not changed.

Excellent video at above link.

Goodman is scheduled to be back in court before the judge at 10 AM today to consider the revocation of the terms of the house arrest. He may be remanded to jail while awaiting the appeal.

According to above vid, Goodman went to an upstairs bathroom. Using a mirror, he attempted to pry open the ankle bracelet and damage the unit with water submersion. Problem is the unit can not be damaged so easily. When he got the cover open on the unit, the alarms went off and the two security officers assigned to him (paid for by him as well) arrested him and transported him immediately to jail! Can't get more drama out of such a small incident. But! I place my bet Goodman will end up paying for the unit he damaged, lose his house arrest, and this WILL be reflected poorly upon his appeal for reduction/dismissal of the sentencing of 16 years for the vehicular killing of Scott Wilson.

What a loser! Pour another one, Goodman!

While I am waiting for the court to start (if it is televised), I found an interesting link. This is a very short animated vid of how it is believed the accident happened that killed Wilson.

http://www.sun-sentinel.com/news/palm-beach/wellington/fl-john-goodman-ankle-monitor-20121011,0,752891.story

Stupid rich tricks: Billionaire John Goodman busted for tampering with ankle monitor, back in jail

By Sarah Rufca
10.12.12 | 12:08 am

According to the West Palm Beach sheriff's office......

"I think he thought, you know, in my estimation he thought that was going to disable it. [It] doesn't work like that," Sheriff Ric Bradshaw told WPTV. "He paid the price for it because he's back in the Gun Club Hotel (Palm Beach County Jail). That's where he's going to stay.

"Think about what's going on in America right now. You know you've got celebrities and people with a lot of money, they get arrested, they break the law. And, after a while they just think the rules don't apply to them.

"Well, guess what? That don't happen here. He gets treated just like every other person that's in my custody. He violates the rules, he's back in jail," said Bradshaw at a press conference on Thursday.

Read more:

http://houston.culturemap.com/newsdetail/10-12-12-stupid-rich-tricks-billionaire-john-goodman-busted-for-tampering-with-ankle-monitor-back-in-jail/

Maybe his ankle monitor "malfunctioned" just like any other mechanical device; his Bentley for example. John Goodman's lawyers alleged that he wasn't drunk when his Bentley struck Scott Wilson's vehicle the night of the crash, his car had some serious "mechanical problems". They might use the same kind of argument today.......(Sarcastic laugh).

Praying they keep this loser in jail!!!!

UPDATE

Goodman to remain in jail until next hearing

Posted: Oct 11, 2012 3:17 PM CDT
Rachel Leigh, Content Manager

WEST PALM BEACH, FL (WFLX) - John Goodman will remain in jail until the next hearing on November 26 at 3:30 p.m.

http://www.wflx.com/story/19797520/goodman-tried-prying-off-ankle-monitor-with-small-mirror

http://www.wptv.com/generic/news/news_livestream1/live-streaming-coverage

Bond has been temporarily revoked until a hearing Nov 26, 2012.

Link above has some interesting twitter comments:

"
There are questions over the serial number on the ankle bracelet.
by WPTV Webteam 9:53 AM"

"
He is being questioned about the alternative custody agreement and the condition of John Goodman's ankle bracelet.
by WPTV Webteam 9:42 AM"

" Detective: "(Goodman) said he hit it on the shower door."
by ChristinaDett via twitter 9:34 AM"

GOODMAN HEARING NOW! LIVE

http://www.wptv.com/generic/news/news_livestream1/live-streaming-coverage

LIVE:
Goodman was questioned by his atty re the tampering of his ankle monitor. He stated he weighs 220 lbs he had fallen3 times on that ankle; he had gotten the monitor wet and told body guard; body guard cut it off and announced, "You tampered with this!" Goodman denied it.

Goodman plays tennis an hour a day, six days a week, private tennis instructor.

State is questioning:
-- The most exercise is the tennis or his salsa lessons;
-- No other time Goodman can think of for banging the monitor but it is kind of like a watch, it gets banged. No pain when it is banged; it is worn loosely.
White noise. Goodman seated, looking around the court. He is dressed in prison clothing. Attys side bar with judge.

Can't tell but appears to be Goodman's atty.

Deputy being sworn in. She has testified as a lead investigator in same court, diff case. She has worked the Goodman location. She signs up for a monthly rotation, over 19 times now. She was on duty the day monitor was discovered tampered with, 3-11 shift. She worked this shift with another deputy she had not worked with before. One deputy in, one deputy outside. On the 10th, she was working inside.

Inside the residence, list of protocol, contact info, etc..
Including a phone for Goodman to call when he entered/left rooms.

@ 7 PM, Goodman notified her he was going to take a shower in the master bedroom bath. She did not have to monitor Goodman in the showers. She was in room directly below shower area. She heard footsteps, water of the bathroom. @ 15 minutes later, Goodman came down stairs. She did not hear any unusual noises from bathroom when he was there. Goodman said, when he was stepping out of shower, he heard a pinging noise from monitor. He had on his shirt, shorts. Jus came from shower. She asked to examine the monitor. It was still attached and together she checked the top and it was separating, coming apart at the seam. Goodman was calm, as normal, she wrote a report noting Goodman's demeanor in report.

Deputy was trying to ease it apart to see the problem with monitor. She could see the battery inside. Monitor is rectangular. Shown pics of monitor. Says it was much more damaged than pics showed. Was Det. Corino present? Yes; he walked in while female det was examining monitor. Main detective contacted Goodman's case worker. Her fingers were wet. She made the phone call at 7:22 to case manager. She informed Goodman who wanted the case manager informed. Could not reach case manager. She then tried to call Sgt.Lawrence at 723; not available. She tried another number for Deputy Costillo;7 :27 PM; spoke with operator who only wanted to speak with Goodman. Goodman spoke with the operator. At 7:31, she tried Deputy Costillo; Costill called back at at 7:41; Costillo was on way out to investigate monitor. Goodman having supper with his mother.No bruises on Goodman's leg near the monitor.

At 7:27, no calls from alarm company.

Costillo and Lawrence arrived at 8:20 PM. She met them outside the residence to explain situation; they only wanted to see the monitor. She followed them to Goodman who was in TV room. The two deputies examined the monitor. Lawrence pulled on it several times; it opened all the way. Pics shown. Deputy Costillo took pics on cell phone; showed monitor wide open.

Goodman moved to breakfast area. Lawrence took more pics. It was then cut off. Strap around ankle was cut.

Freckles - I have not kept up with this case but I thought Goodman was sentenced to 16 years and and had to serve at least 4 yrs behind bars.

why the hearing today if he was sentenced in May? Sorry for the questions......

Female detective talking:
Did not know if monitor was working; it was tested.
She gave a statement and prepared a report.
Following day she spoke with Ms.Sherry Collins,states office, stating I " was the lucky ones" ; Colins asked what had happened; Collins had a copy of report.

Friday, the12th, this deputy came to the court; was approached by ???; she was told she need to leave, Det. Crorino would be testifying. She was upset; she was the one who had first contact with Goodman re the monitor; she left without testifying on the 12th. Woman who approached her that day? (Couldn't hear.)

STATE: RE HEARING OF THE 12th:
You were upset with treatment of Goodman?
You were upset Goodman had to stand in rain re monitor.

Deputy saw no scratches, no paint damage the day reported problems? No.

Paint transfer on bracelet was not there, correct? Correct.
Undisputed the paint transfer IS on the tennis court? She was not aware.
Deputy was unaware of paint transfer or any court discussions of such.

Deputy saw only the seam was separated.
---Experts have testified the crack was BELOW the seam.
---Deputy felt no one wanted to hear what she had to say; Yes, she listened to the news and was upset because no one wanted to listen to her.
--Did you cry when you made that statement? Yes. Because... Cut off.
--- Collins: We had a disagreement the 12th. You said I had told you to be here; I told you IF I needed you, I would call you; Deputy works night shift.

-- Did you know the others testifying ALL came to a meeting and you didn't?
-- Deputy said she was going to stay anyway; Collins told her to go home; deputy wanted to testify, wanted to hear what was going on;
-- Deputy felt she was the main person and she wanted to testify; she had not seen the paint transfer; heard battery moving when Goodman moved foot; saw/felt water coming out; deputy agreed with this.

--- Deputy spoke with defense twice at depos only. She did speak to them outside the depo but just in general.

DEFENSE:
--- @ 2 wks ago, did you testify in (another case)
State objects; over ruled; trying to rehabilitate deputies statements.
--- Did you see the separation/crack? yes. It wasn't hanging open as was later testified? Yes. Could you see inside? Yes.

Do you remember giving statement to two others?
Not statement, just wanted to know why I was upset.

So a statement was taken?
No.
Do you know if it was recorded?
Yes. IA records. NOT a statement.

Do you recall stating you were upset w/ Sgt. Lawrence re not taking her word on Oct. 10? No--- defense jumps in with objection. Overruled.

Do you dispute making the statement?
Yes; did not make it. Was not upset with how she was being treated.

But did you make the statement?
No.

She does not remember being told to disregard, not be upset over what media reports.

So you recall stating what was being reported in the news was not the truth? No.

DEFENSE:
Gives deputy room to explain.
Deputy was upst with how she was being treated; she never believes or reads what goes into newspaper.

SIDEBAR with GOODMAN present.

Defense:

Janice Taylor, witness:
--Florida trace evidence department, 26 y of experiences
She is very nervous, voice trembling

Goes thru items rec: monitor, blue mirror, scissors.
Taylor saw no paint transfer on to those items.
Taylor rec paint transfers from tennis courts;
found paint on monitor; found sand embedded from court embedded into monitor; forcibly transferred; gouged into monitor

STATE:
Taylor can not say how much force was used; could see paint transfer with naked eye.

New witness, Gail Daniels, Expert in tool mark ID, crime lab analyst with Fl

Defense:
--- Two types of marks: Striated and impressed.
--- Daniels saw evidence relating to "tool marks", monitor, scissors, mirror; documented, examined.

---Condition rec: 2 pieces; rectangular; examined where separation; looking for tool marks to explain how it separated; found NO tool marks except where it was cut; no pry, no tool marks; found wear marks: Along top/coroners, paint substance, scuff marks with different colors; found fracture marks where it had broken, not cut and no tool marks;

-- Plastic came off monitor as exam taking place. She examined that flaked off piece for any tool marks; none.
Fractured, in her opinion.

--- Morning her depo was taken, Collins, et al, called her.
Spoke with Mr. De Fount, 3 M, who stated he HAD found tool marks.

STATE:

Daniels: First time she has examined this type of monitor; can not rule out a tool was used or force was applied; states there wasn't a tool mark.

Dismissed. Request for 1/2 break.

art tart wrote:Freckles - I have not kept up with this case but I thought Goodman was sentenced to 16 years and and had to serve at least 4 yrs behind bars.

why the hearing today if he was sentenced in May? Sorry for the questions......

Goodman is on house arrest pending appeals.
State maintains he attempted tampering with his ankle monitor.
If so, he could be revoked and go to jail/prison pending his appeal.
BTW, he is paying for monitoring, security, etc.. (Read back for terms.)

Right now, IMO, there is not enough supporting evidence to revoke or change terms.

Did he only get 4 years? For some reason, I thought he got more. Guess I will thumb back.

Ann - Tx wrote:
John Goodman was sentenced to 16 years. The State asked for 20 years.

In FL, I wonder if Goodman will have to serve the entire sentence or will he be out on parole in a year or two.

Maybe the media will provide that info later today.

I am disappointed in Goodman's sentence. He deserved 30 years in my opinion!

When Goodman spoke to the Judge today, he showed no remorse and did not take responsibility for the horrific death of innocent, young Scott Wilson.

~ ~ ~ Rest in peace, Scott! ♥ ~ ~ ~

Ann-TX reported:
John Goodman was sentenced to 16 years.

Freckles, thank you for posting the hearing; today's date completely slipped up on me. I will try to listen in this afternoon's proceedings.

Question: Did they give a time frame of when the paint scrapings alledgedly occurred on the tennis court. Did JG say if he reported this mishap to LE at that time??

TIA!

Weeziethm wrote:Freckles, thank you for posting the hearing; today's date completely slipped up on me. I will try to listen in this afternoon's proceedings.

Question: Did they give a time frame of when the paint scrapings alledgedly occurred on the tennis court. Did JG say if he reported this mishap to LE at that time??

TIA!

JG reported he had fallen three times on the tennis court, different dates.
He did not report the falls as security detail was present when he felll security detail saw him fall.

Sorry I was not able to get JS's testimony. Notification came through my email and I raced to try to get it hooked up. Sound is TERRIBLE so I had to get ear plugs hooked in and those only have one ear piece.

Back--- Not sure who is on stand.
Apparently, TV media forgot to turn on cameras, audio. Crap.



Witness:
--We actually took pictures on computers, did overlays matching edges looking for shape differences, surface differences.
-- Was retained by defense to find any anomalies, video of his work from the computer he is explaining it; green is where it is material to other area: good consistency on monitoring device; No difference between broken and nonbroken parts; light blue shows where it may have bent: the paint transference is shown in the 3 corners being worn down; it is very thin; the chip that fell off was scanned but had no impact upon the report as it was removed while in control of authorities; shearing is tear force, as when pulled apart; it is seen in the scans;

STATE OBJECTS. Overruled. Side bar.

Defense witness still on stand:
Defense addressing:
--Discussing path of least resistance for tear on the monitor;STATE objects to any hearsay; witness states he has knowledge; asked if he has ever looked at an object with a naked eye and not found anything yet did find it underneath a scope; yes; witness can not tell when crack started or where; in two parts when rec; the ends where strap is attached broke along weld lines. Part is mae in two halves, put together, welded; it was cracked below the weld line on two sides; looking for deformation if a tool had been applied--- STATE OBJECTS: looking for difference in shape due to manufacturing or other causes; tool used would be noticed if tool had been applied; bottom edge would have shown material pushed up, same with top edge; because of the the color scoping analysis, there is no indication; color is consistent so no indication of a tool being used; Could a tool be used and not leave a deformation? Nol same with the abrasion.

STATE TO WITNESS:

-- Surface analysis is what was conducted, not beyond and into the "bracelet" ; any deformation on circumference? NO; just around the tear, making it thinner, minus material; first time he has examined a bracelet; normally examines bearings, gears; different parts have different flex, tensile strength; can not tell force was applied or shape; had a tool been applied, it would be seen but it was not seen; force and impact would be seen such as paint abrasion; conducted by CA company; billed them @ 47,000 dollars for work he did.

Dismissed.

Judge to State:
Question from State re the numbering of the ankle bracelet;
2 numbers: serial number and prisoner assigned number on monitor;

State:
-- Has 23 ??? he is monitoring;
Judge:
New Witness: Deputy Castillo
-- First on scene, he checked ankle transmitters; saw battery inside; touched it and it opened up like a book;

Item entered in evidence

---Witness IDS monitor; shows judge and court how large opening was when he first saw it;

DEFENSE:
-- When he first saw it, he saw paint on the outside; when straps were tested, done with one hand; pulled on it, not the transformer part--- could see inside component; could see inside but it was not in two pieces; he did not take pictures at that time but took pics after it was detached;

Defense asking:
Who was present? Named several other names; saw cracks--- female detective described it as small crack; Costillo says it was NOT a small crack; he wrote a report; said case had several small transfer marks indicating it had been struck by blue color; he wrote he had searched in bathroom for blue paint items; found the mirror.

State calling witness:
Det Jay Carino ?

Witness:
--- Present in court Oct 12 hearing; was present when prosecutor introduced self; Collins heard; he did not feel Collins was in appropriate; felt deputy was upset;

Defense to witness:
--- When did you reveal to Collins what you just testified to? Never.

Wow...the stream is horrible. I'm struggling to hear.

State calls next witness:
John Defant, led design, developed design, etc.

Witness: re monitor
---Spent a year on development; early 2007 model; FCC approved 2008; no, 2004.

--- Injection mode process; plastic insert, molded; cooled; material is not ?? grafter?? strong materiel to handle knocks, scratches; poly carbonate; some flex;
sealed with utlra sonic welds; sealed with heat,vibrations; battery wears out in 9-12 months; when strap is disconnected it turns off in about 6 minutes' battery always active; bracelet transmits about ever 15 seconds; if battery is low, it transmits facts; PD notifies them; battery is replaced and unit is reassigned;
abrasions normal? yes; cracks? splits normal? A lot of force is needed; @ 270 lbs per sq inch; damage on bracelet shown is NOT normal wear, damage; viewed under microscope; separation on seam?? fracture was below seam; water seepage? circuit board showed no water ;it would have been powdery and none present; a lot of force needed--- could not be done by fingers prying, tugging, tools needed;

All are returned for maintenance; has never seen a cracked housing; that amount of force would have to be intentional; not accidental for cracking of housing;

Same verse, just like the first....

The Bentley malfunctioned. The monitor malfunctioned.

JMO

Defense crosses last State witness:


Witness:
---Deposition: He believed a tool mark on case, round edge used; opinion changed about a month ago and Collins, STATE, was informed; had a conference with Collins, Daniels; he then changed his mind re tool mark; had a financial interest in 3-M; still works for them; wants to support 3-M; takes 1/4 sec to seal device; hundreds made daily; shelf life? is 12 months after placed in use; battery powers up/down based upon usage; case i sawed open, battery changed, sealed.

Witness states: found no tool marks; provided videos showing different tools being applied to monitor; hammer on a table; saw no impact marks on monitor for JG; In another case, thrown onto concrete floor, it cracked; crack could be very small and not seen by eye; possible for hair-line crack to eventually widen? Yes.

Aware there was no injury to JG's leg where monitor was attached? Unaware.

Would expect great noise if banging of bracelet? Yes.
Deputy heard none? Unaware.

Fracture on weld line? Other side; below weld line.

No tool mark, have to be impact force to crack monitor? No; break plastic with repeated force to monitor.

STATE REDIRECT:
-- Cumulative impact on someone's leg would be intentional; have to be intentional; saw no wear and tear to lead to the fracture; piece of plastic missing; no tool mark--- he tried different tool and realized if a tool had been used, it would show in both sections; had never seen anything like this before; could force be applied without a tool mark? Yes; a monitor placed in a vise with rubber on either side left no mark; he could break it;

DEFENSE:
Are you aware PD searched his home and found no rubber, no mats? Not aware.

Judge:
Is this some sort of abnormation?
Do you think this was intentional?
In all my years, I do not think this was accidental. It would take direct, intentional force.

Weeziethm wrote:Same verse, just like the first....

The Bentley malfunctioned. The monitor malfunctioned.

JMO

The white noise is terrible!
Buzzes, dial tones, voice overlays! The only time volume is turned up is to insult my ears!

Wearing an ear bud just to hear normal discourse so it gets REALLY obnoxious!

New Witness:
Douglas Rudman, member of FL bar,

Witness:
Attended earlier court hearing; seated in row with deputies,seemed newsworthy; saw State Collins;
--- group of deputies standing by wall, she looked to them, walked to counsel table, spoke with them, mentioned Deputy B ??? was present; Collins was rattled;
asked Deputy B who asked her to be there that day? Conversation started; Collins walked away; Deputy B turned to another deputy and said Collins asked her to leave; stated Collins threatened to have her escorted from the court; Deputy B left.

Was Deputy B's name mentioned? Yes; I was asked outside; when I came back in, my seat was changed; I was now behind the Defense table; I heard Defense now ask where Deputy B was? Why would a state prosecutor ask a witness to leave? Not employed by defense. Witness left the court house, spoke to a mentor...

State:
--- How do you know who she was? She was wearing a name tag/ Did you hear me threaten her? NO; only her response to others; witness has been a prosecutor for 3 years now; he is being asked if he, as a prosecutor, would not pick and choose who he would want to testify on the stand? Says, case by case;

State to witness:
Asking if he has ever had a witness state they were going to testify even when they have been excused? Ever had a deputy cry when told they would not be called? No.

Witness: Not testifying to character; heard no one yell at her; heard no rudeness; heard no harsh words:

DEFENSE:

If you felt a witness had been "challenged" as to testimony would you share that? Yes.

Judge talking to STATE:
State, Collins, states no wear and tear, doesn't break open accidentally, force needed,

Judge: No tool marks, no injuries to leg

State: Doesn't know how he could have done it but no possible way it was done accidentally; no proof sound would have been heard; tens of thousands of these in use and NOT ONE has accidentally cracked open;

DEFENSE:
Circumstantial evidence. Where is it? He has complied completely. He said he was going up to take a shower, said a problem with the monitor; calls were made. System works! House was searched. Nothing found. They searched for 3 hours! PD thought blue and found the blue mirror; no tool marks; paint on tennis courts; 4 corners of monitor damaged; crack becomes bigger until it is noticed' witnesses have changed opinions; witness testified cracks by throwing down on ground.

STATE:
Standard is lower than reasonable doubt; 3 witnesses testified it could NOT be accidental, intentional; calls were placed to SO in reasonable amount of time; alert for monitor was immediately prior to JG coming downstairs; Deputy B testified she did NOT see the paint; State does not dispute JG's coming down the stairs with a broken monitor; defendant did something to the monitor; not accidental; inspected by 2 engineers who said nothing manufactured wrong;

Judge:
Did JG violate terms of in-house arrest by doing something intentionally to violate terms ? State says he did tamper with theory of scissors, mirror;

STATE:
Said they never argued about a blue mirror


JUDGE:
State opened the door with their witnesses;
Not hanging point of his ruling.
State has burden of proof.
No evidence of tool, blunt force would have left evidence on JG's body;
Could be but Judge doubts it.
Could be a malfunction which widened and became more conspicuous; doubts if JG felt he could be free if only he got rid of monitor; why would he want to get rid of cushy environment for a jail while he awaits his appeals? Unless he planned on leaving the country and Judge does not believe it would happen.

Judge believes burden of proof by STATE has not been met.

Only evidence is the monitor; release pending appeal is to be continued with in house arrest.

Well, he sure is one lucky sonofabitch.

Judge just reinstated his house arrest and he's off to take more salsa and tennis lessons.

Good grief.

IMO, judge is correct.
State failed to prove its interest.
While the judge may be lenient here, I suspect this judge, who imposed the 16 year sentence, will be swift to move if he believes there is a valid reason.

JG IS a creep, that is undeniable.

One thing not mentioned:
JG may own a boat (yacht) and probably has friends who also own yachts it being Florida. Passports are not needed for yachts.

Weeziethm wrote:Same verse, just like the first....

The Bentley malfunctioned. The monitor malfunctioned.

JMO

You know that song, do ya?

Freckles wrote:IMO, judge is correct.
State failed to prove its interest.
While the judge may be lenient here, I suspect this judge, who imposed the 16 year sentence, will be swift to move if he believes there is a valid reason.

JG IS a creep, that is undeniable.

One thing not mentioned:
JG may own a boat (yacht) and probably has friends who also own yachts it being Florida. Passports are not needed for yachts.

I know you are right, Freckles. In my more reasonable moment, I agree they did not reach the burden. Collins was not very succint in her final remarks which did not help the state's case either.

It just makes my blood boil because what are the odds that out of thousands of bracelets that take 275 pounds per sq inch to damage that the one that JG wore would simply...break. None!!

Anyway, I guess we did find out how he is spending his time and it ain't reflecting on his "mistake".

GRRRRRR