THE CANADIAN MUSIC SCENE

Alex Lifeson Trial Updates

January 5, 2005

A criminal case involving the lead guitarist for the rock group Rush is expected to be resolved next month. It has been more than a year since Alex Zivojinovich, known on stage as Alex Lifeson, 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. As a deputy was using a stun gun to subdue Justin Zivojinovich, who, deputies alleged, had become unruly, Alex Zivojinovich charged up a hotel stairwell to go to the aid of his son. A deputy acknowledged that at this point he punched Alex Zivojinovich in the face to prevent him from assaulting the other officer. The above information has been extracted from an article written by John Henderson for the The Naples News newspaper.