Polo Tycoon Trial: Will John Goodman Testify?

Dan Abrams discusses the drunken driving manslaughter trial.
2:20 | 03/20/12

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Transcript for Polo Tycoon Trial: Will John Goodman Testify?
Saw the defense rolling out these witnesses speaking to his behaviors actions before the crash how effective. Its two part defense right number number one the keys he wasn't drunk and number two is that the Bentley malfunction. Currently we're in phase one of the defense which is this whole point that he wasn't drunk. They've got these people coming -- saying I was within he didn't seem drunk. The problem of course the defense is the numbers meaning he actually Bruin blue and a -- a lot of it showed that he was legally drunk his claim is he started drinking. After the incident that after which -- calm his nerves he took some drinks but in each one of these instances. It's not putting a legal burden on the defendant but a practical one in order to demonstrate. I was drinking later I wasn't drunk before the Bentley had the problems these are all little facts that the defense kind of -- to show even though there's no legal burden on the defense in this case -- really played like hurdles to a degree are there any holes in the prosecution's case. That the defense -- exports probably how much he was drinking. -- the prosecution's case seems to be around the notion that it was sixteen to eighteen drinks or something like that the defense may be able to successfully poke holes in that. But they still have this. Issue which is you've got the breath analyzer from well after the fact -- blowing clearly well above the legal limit. So now he's in this is -- back the other question -- probably take the stand. How else can you show -- he was drinking alone. After the incident occurred in less he testifies that he -- -- testify. But I think that he had the look -- exit scheduling in this case me to -- like he's not gonna testify to talk -- Tuesday and Wednesday for the defense but. I think to demonstrate that key element you need is testimony need to put him on the stand if you don't look but then again look Roy Black -- great lawyers probably. Mock -- cross examined his client and made a determination whether it's worth -- -- Dan Abrams -- -- remains to be seen thank you for that.

This transcript has been automatically generated and may not be 100% accurate.

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