John Henderson of the Naples Daily News has issued the following report:
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.
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