Former NY Jets Michael Goodson gun hearing underway

MORRISTOWN – Former New York Jets player Michael Goodson was passed out, "slobbering" and had vomited on himself prior to a 2013 motor-vehicle stop in Denville that resulted in drug and gun possession charges, according to testimony heard Thursday in Morris County Superior Court.

The testimony was heard during a hearing on a motion to suppress the finding of a handgun in the glove compartment of a rented GMC Yukon that Goodson and an acquaintance, Garant Evans of Roselle, were found in on May 17, 2013, stopped in the center-left lane of westbound Route 80.

Attorneys for both men questioned State Trooper Carlos Mesa at length about the circumstances of Evans' alleged consent to search the vehicle. The hearing, which ran in excess of five hours, was adjourned and rescheduled to resume on Feb 27 after Evans' attorney asked for time to produce a transcript of a State Trooper dashcam video of the stop, and to possibly enhance portions of the audio.

Judge James M. DeMarzo gave the attorneys until Feb. 13 to produce the transcript and enhanced video and submit their briefs.

Mesa testified that Evans gave verbal consent for the search from the scene while handcuffed and sitting in the back of Mesa's patrol car. A dashcam video from Mesa's patrol car, parked directly behind the Yukon, included audio of Mesa asking Evans for consent to search, but the defendant's replies were unclear.

Mesa could be heard asking for consent, and testified Evans eventually gave verbal consent.

The judge said he was interested in hearing an enhanced-audio version of the video, saying "I heard something that was very interesting."

After repeated screenings of the video, with the attorneys inching closer to hear more clearly, DeMarzo said "I thought I heard him say no (to the request for search consent)."

Mesa also testified that Evans' eyes were bloodshot and watery, the scent of alcohol and burnt marijuana was evident in the Yukon and that he terminated Evans' field sobriety test because Evans was failing bad enough to potentially fall and cause himself harm.

By this time, Mesa testified, Goodson had been wakened, assisted from the vehicle into an ambulance that took him to St. Clare's Hospital in Denville.

Goodson, a Texas resident who was still under contract with the New York Jets at the time, was placed under arrest and handcuffed to his emergency-room bed after a .45 caliber handgun was found in the glove compartment, according to testimony from Trooper Jeffrey Burr, who accompanied Goodson to the hospital.

Mesa also testified that Evans registered a Breathalyzer reading of .17, more than twice the legal limit in New Jersey. He also said when questioned where he was coming from and where he was going, Evans said he was coming from West Orange and trying to get to Newark. Both of those towns are several miles east of where the men were stopped while traveling in the opposite direction.

The question left on the table, according to Evans attorney, Thomas R. Ashley of Newark, is whether Evans was too drunk to give consent or understand that he was waiving certain rights by consenting.

"The arguments are numerous," Ashley said following the hearing. "One is that he was too drunk to give consent. The other is that he did not give an unequivocal consent, and it was only after some prodding that he allegedly said yes. We will prepare our briefs and hopefully the court will agree with out contention."

Both Goodson and Evans have pleaded not guilty to charges of gun possession and unlawful possession of prohibited weapons and devices. New Jersey has some of the strictest weapons laws in the country, and Goodson faces up to 10 years in prison if found guilty. The prosecution alleges the unregistered gun was loaded with hollow-point bullet.

Marijuana and drug paraphernalia, including a gold marijuana grinder that was entered into evidence Thursday, also were found in the vehicle. The contents of the vehicle also included a New York Jets backpack and a playbook.

The Jets signed Goodson to a three-year, $6.9 million contract in March 2013, but he played in only two games before sustaining a season-ending knee injury. Goodson also was suspended for four games at the beginning of the 2013 season for violating the NFL's perfomance-enhancing drug policy. The team cut him the next year after he didn't show up for the team's mandatory minicamp on June 17.

Supervising Assistant Morris County Prosecutor Peter Foy represented the state. Alfred V. Gellene, who represented Goodson, did not speak after the hearing.

Goodson said he is working out and hopes to get back in the NFL, but "I want to take care of all this first, and put it behind me."

Staff Writer William Westhoven: 973-428-6627; wwesthoven@dailyrecord.com.