Defense attorneys are calling for a new trial based on DeMartin having admitted that he conducted the experiment in violation of court rules.
"He decided to make himself a character in his narrative by conducting an unregulated, extrajudicial experiment about how three drinks would affect his mental state, obviously under the scientifically invalid—and legally impermissible—assumption that the same amount of alcohol would have had the identical effect on Mr. Goodman," defense attorneys wrote.
Court transcripts show at least two instances when jurors were told they were prohibited from conducting any of their own research or investigating.
"Jurors must decide the case only on the evidence presented in the courtroom," according to their instructions.
Defense attorneys wrote in the motion that they would begin contacting the jury members on Wednesday to investigate how DeMartin's book might have influenced deliberations.