John Henderson of the Naples Daily News has issued the following report:
A defense attorney for the son of the lead guitarist for the rock group RUSH argued Tuesday morning (April 19) that the resisting-arrest charge should be dismissed, but the presiding judge didn't immediately rule on the request.
Retired Senior Circuit Judge Charles T. Carlton delayed ruling on the motion until later in the trial of Justin Zivojinovich.
Naples defense lawyer Michael McDonnell argued Tuesday that deputies didn't make a legal arrest on New Year's Eve 2003 at The Ritz-Carlton, Naples.
Joining Justin in court Tuesday was his father, Alex, known on stage as Alex Lifeson in the internationally known rock group RUSH. Alex Zivojinovich faces trial in the coming weeks.
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.
A six-member jury was being chosen Tuesday morning with the selection process expected to wrap up after a lunch break.
The prospective jurors were asked about their tastes in music, and most responded that they were fond of "Easy Listening" music.
"It's more or less Frank Sinatra," a retired New Jersey firefighter said. "I can’t get used to this music today."
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