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Alex's son's trial date set


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April 18 trial set for son of Rush guitarist

 

By JOHN HENDERSON, jfhenderson@naplesnews.com

April 7, 2005

 

The prosecution and defense are ready to rock 'n' roll at trial later this month in a case involving the son of the lead guitarist for the internationally known rock group, Rush.

 

On Wednesday, a judge set a trial date of April 18 for Justin Zivojinovich, the son of famed rock guitarist Alex Zivojinovich. Justin and his father are accused of resisting deputies in a scuffle at the Ritz Carlton-Naples as they were ringing in 2004 on New Year's Eve.

 

Justin is facing one count of resisting an officer with violence, a third-degree felony punishable by up to five years in prison.

 

Alex Zivojinovich, known on stage as Alex Lifeson, and 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 the fracas in the stairwell of the posh hotel.

 

The third-degree felonies are punishable upon conviction by up to five years in prison.

 

A sounding hearing on his case is scheduled for April 27.

 

In the meantime, Justin Zivojinovich is scheduled to go to trial.

 

"We're ready (for trial)," prosecutor Rich Montecalvo told retired Senior Judge Charles T. Carlton in court Wednesday.

 

"We're ready," defense attorney Michael McDonnell said.

 

Unlike several of the other criminal cases that came up Wednesday morning at the sounding hearing, there was no talk of a plea agreement in Justin's case, or a hearing to discuss one. Over the past year, at each sounding hearing to update the status of the case, another one was scheduled.

 

But not this time.

 

Only the trial date was set.

 

"We anticipate a trial at this point," Montecalvo said as he was leaving the courtroom.

 

It has been more than a year since Alex Zivojinovich was charged after a scuffle with Collier County sheriff's deputies at the Ritz Carlton, Naples at a New Year's Eve bash ringing in 2004.

 

Arrest reports and witness statements give this account:

 

A band led by William Noll was alternating music sets with a band next to it led by Freddy Cole, the 71-year-old younger brother of the late, legendary Nat King Cole.

 

Noll, who was leading the house band, said in his sworn statement that the evening was going well until Justin and his friends got onto the stage at a break.

 

Noll said he returned to hear a "litany of screaming and shouting" in the microphone, and someone had overtaken his band's congas.

 

Justin became "verbally abusive" after he was asked to leave the stage, according to witness statements.

 

Security called the Collier Sheriff's Office.

 

Alex Zivojinovich intervened as deputies were escorting his son off the property, and tried to push his son in an opposite direction.

 

The situation escalated.

 

As a deputy was using a stun gun to subdue Justin, Alex Zivojinovich charged up a stairwell to go to the aid of his son. A deputy acknowledged that he then punched Alex in the face to prevent him from assaulting another officer.

 

Deputies accuse Alex Zivojinovich of pushing sheriff's Cpl. Amy Stanford down the stairwell onto a concrete floor, causing her head injuries that required medical treatment.

 

Justin Zivojinovich gave a much different account of the fracas than sheriff's deputies in a telephone interview with the Naples Daily News the day after the incident. He said he was just trying to have a joyous New Year's Eve when he got onto the stage.

 

"I was singing Happy New Year's, that's all I was doing, singing to the whole crowd. That's all I said, 'Happy New Year,'" he said. "Everyone was enjoying themselves."

 

 

http://www.naplesnews.com/npdn/news/articl...3681507,00.html

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sad.gif I don't think Alex would push someone down a stairwell, even in that situation.

Let's all go and stand outside the courthouse and cheer for him biggrin.gif new_thumbsupsmileyanim.gif

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QUOTE (rkd @ Apr 7 2005, 04:21 PM)
I don't think Alex would push someone down a stairwell, even in that situation.

It may have been an accident.

 

At any rate, the big problem is that it seems to be conflicting stories. In those cases, the cops are usually believed first.

 

The only reason why it seems to be going to trial is that either Justin refuses to accept a plea bargain (foolish if you are guilty), or he and the defense attorney feel the evidence against is very weak. That's a bit dangerous because if the judge (or jury) find him guilty, the sentence could be a lot stiffer than if a plea bargain was accepted.

 

So far, Alex hasn't accepted a plea bargain either, and it doesn't sound like he's going to. I'm quite sure this is not the prosecutor's doing as prosecutors don't usually like to take cases to trial. Too much work and sometimes no payoff. Hopefully, Alex's defense isn't to cry police brutality, because that won't help with the criminal charges, just if he decides to file a civil suit against the sheriff's dept later.

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QUOTE (NeilPeartFan2112 @ Apr 7 2005, 06:09 PM)
QUOTE (rkd @ Apr 7 2005, 04:21 PM)
Let's all go and stand outside the courthouse and cheer for him biggrin.gif new_thumbsupsmileyanim.gif

yes.gif trink39.gif laugh.gif

Why?

 

Whether or not he assaulted a police officer has absolutely nothing to do with his musical talents.

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