Criminal Case Against RUSH Guitarist Expected To Be Resolved Next Month

January 6, 2005

John Henderson of the Naples Daily News is reporting that a criminal case involving RUSH guitarist Alex Lifeson is expected to be resolved next month.

It has been more than a year since Lifeson, whose real name is Alex Zivojinovich, was arrested for scuffling with Collier County sheriff's deputies at the Ritz-Carlton, Naples at a New Year's Eve bash ringing in 2004.

He is facing two third-degree felony charges that could carry five-year prison sentences.

Lawyers for both sides will update the judge on the status of the case at a hearing March 9.

The hearing, called a sounding, was postponed from Wednesday after a judge granted a motion supported by the prosecution and Zivojinovich's defense attorney, Jerry Berry of Naples. The motion stated that the state plans to begin a first-degree murder trial on or about Jan. 17, and is anticipating that the trial will not be completed by Jan. 24, the date Zivojinovich's case was scheduled to go to trial.

Also, Berry has to handle a DUI manslaughter case this month. Because both sides were so tied up with those cases, the judge decided to give them another month before resolving the case involving the internationally known rock star, who is a seasonal resident of Naples.

A sounding hearing on March 9 also was granted for Justin Zivojinovich, Alex's son, who is facing a third-degree felony. At these sounding hearings, a judge can set a trial date, continue the case, or accept a plea bargain.

Berry and prosecutor Rich Montecalvo had no comment when asked whether Alex Zivojinovich has been offered a plea bargain.

Berry said most depositions are completed, with only a few loose ends to be tied up. "It's fair to say there is a good chance the case will be resolved in March," Berry said. Read more.

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