Posted on 04/18/2005 4:52:23 PM PDT by My Favorite Headache
Trial delayed for son of Rush guitarist By JOHN HENDERSON, jfhenderson@naplesnews.com April 18, 2005
A resisting-arrest trial for the son of the lead guitarist for the rock group Rush was scheduled to start Monday in Collier Circuit Court, but was delayed until Tuesday, April 19, to give the defense time to argue to have the case dismissed.
Naples defense lawyer Michael McDonnell said he will argue today that deputies didn’t make a legal arrest on New Year’s Eve 2003 at The Ritz-Carlton, Naples.
Justin Zivojinovich sat in court Monday with his famous father, Alex, known on stage as Alex Lifeson in the internationally known rock group Rush, which recently took its 30th anniversary tour. Father and son were clad in dark suits and ties.
Alex Zivojinovich faces trial in the coming weeks in connection with the fracas.
Retired Senior Circuit Judge Charles T. Carlton is to decide today whether to throw out the case or allow the trial of Justin Zivojinovich to go forward at 9 a.m.
Justin and his father are accused of resisting deputies in a scuffle at the North Naples hotel. Justin faces one count of resisting an officer with violence, a third-degree felony punishable upon conviction by up to five years in prison.
Alex Zivojinovich, a founder of the Canadian group known for hit songs such as "Tom Sawyer," is facing two counts of battery on a law enforcement officer related to a fight in the stairwell of the hotel. The third-degree felonies are punishable upon conviction by up to five years in prison.
The next hearing in Alex’s case is scheduled for April 27.
McDonnell said he plans to use a similar argument in court this morning that resulted in a misdemeanor resisting-arrest charge recently being dropped against Justin’s wife, Michelle.
McDonnell said the prosecution alleged that Michelle resisted deputies while they were in the course of an "investigation." The defense lawyer argued that the "investigation" already had been completed by deputies when she was accused of resisting an officer, so the charge should be dropped.
The judge in that case agreed.
The charging document the prosecution filed — called an information — accused Justin of resisting deputies as they were involved in an "investigation."
Prosecutors recently added the words "legal arrest" to the key sentence on the document.
The judge gave McDonnell more time to prepare an argument as a result of the wording change.
"They (prosecutors) changed the allegations," McDonnell said. "Now I’m arguing that it was neither an investigation, nor a legal arrest."
Prosecutor Rich Montecalvo is expecting a trial to proceed today.
"We’re ready for trial," he said.
The case is turning out to be a "he-said, she-said" one. Even though there are security cameras in the Ritz, there is no video recording showing the altercation in the stairwell.
According to witnesses, a deputy punched Alex Zivojinovich in the nose as he was charging up the stairwell of the hotel to go to the aid of his son, who had been zapped with a stun gun.
The deputy argued that he was concerned that Alex was on his way to harm another deputy who was arresting Justin.
Deputies also used a stun gun on Alex several times before he was arrested.
On Jan. 2, 2004, as he left the Collier County jail, Alex Zivojinovich was wearing the same black suit he wore at the Ritz event. His white shirt was covered in dried blood. His nose was swollen.
According to arrest reports and statements from witnesses, Justin and friends had gotten up on the house-band platform during a New Year’s bash ringing in 2004.
Security called Collier sheriff’s deputies to escort Justin off the property.
"When Justin and I walked back into the ballroom to retrieve his property, he threw his hat and started screaming obscenities," Collier sheriff’s deputy Christopher Knott states in his report. "A second male identified as Justin’s father, Alex Zivojinovich, approached us and stated that his son wasn’t going anywhere."
Knott said he told Alex Zivojinovich that if he didn’t move away from them, Alex would be arrested for obstruction.
"Alex stated, ‘Take me to jail, I don’t care, it’s (expletive) New Year’s Eve,’’’ Knott’s report states.
Knott contends that Alex Zivojinovich then put his hands on his son’s chest and began pushing him in the opposite direction from the way the deputy was escorting him. The altercation occurred in the stairwell of the hotel.
Alex Zivojinovich is accused by deputies of pushing a female deputy down the stairwell, causing her injuries that required medical attention.
But John Cannivet, a former employee of The Ritz-Carlton who saw the event unfold in the stairwell, said the deputy pushed Alex down the stairs.
Cannivet also said that Justin wasn’t fighting with deputies when he was zapped with a stun gun; rather, he was backing away.
"It was extreme police brutality," Cannivet, who was the assistant manager of stewarding until leaving that job in January, said in a recent interview with the Naples Daily News. "The whole time all this was going down, I’m thinking, ‘God, what did these people do? It must have been something really bad.’ It just bothered me."
But Cannivet’s account doesn’t match that given by several deputies and at least one eyewitness.
Frank Barner, the resort’s security manager on duty that night, praised the way the deputies handled the situation, saying there was "extreme violence" on the part of the Zivojinovich family.
"The deputies had given multiple warnings to these people. . . It escalated from a simple trespass to physical violence. Justin was extremely violent, kept yelling at deputies, using profanity," Barner said in a statement to deputies.
Any lawyers in the house? Curious to know how you all think this will play out with these changes in the wording...
LOL!!! I don't know what's gonna happen MFH, but I'll tllll ya this, I can just see Alex flamboyantly using a certain "expletive."
I am just interested from a legal standpoint if his son will get off with nothing although he caused the entire mess to begin with.
The prosecutor is gonna turn this into he said, she said without even realizing it!
Disorderly conduct: Yes
Intent to "resist" arrest: Maybe
Intent to harm: No way!
Intent to harm would be insane at this point in his life and career. He has grandkids already...Grand Pop Al.
I can see why Alex changed his name to Lifeson...It's a tad more catchy.
Those crazy Serbs! (sarc) I'm a huge Rush fan. Alex and Geddy stopped by at a local Serbian picnic a few years ago when they played Pittsburgh. Nice guys!! Really!! I hope this case isn't as bad as it sounds.
We stayed after their show here in Texas in '88 and they took the time to meet-n-greet everybody. I wonder how John Rutsey feels for leaving the band? Neil Peart leaves him in the dust!
I would love to hear more about that picnic story.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.