“The Defendant contends, and this Court finds, that DeMartin concealed highly relevant information, namely, that his ex-wife had been convicted of a DUI,” Colbath wrote. The next issue the court had to determine was if knowledge of the undisclosed information made a difference in the case. Colbath wrote, “[t]he Court finds the answer to this question is yes. This is a case involving a DUI Manslaughter and potential jurors experience with DUI charges would be paramount in the mind of any lawyer picking a jury.”
“To allow this conviction to stand, in light of the strength of Dennis DeMartin’s participation, would erode the integrity of the judicial system,” Colbath wrote. “Every person charged with a crime deserves a fair trial without the likes of Dennis DeMartin.”
“A juror who deceives to get on a jury in a high profile case for his own profit is a trial lawyer’s worst nightmare,” Black wrote in a statement. “Fortunately, this time the deception was exposed and a courageous judge set aside the verdict.”
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