Counsel for a Naples attorney convicted in the 2022 hit-and-run death of a Naples man is requesting a new trial, saying that convicted driver’s daughter was barred from testifying and that key pieces of evidence were inaudible and led jurors to interpret them.
Collier Circuit Judge Elizabeth Krier on Nov. 18 adjudicated Giselle Guzman, 32, guilty of leaving a crash involving death. Cyclist Alberto Martinez, 45, died.
A six-person jury deliberated for about two hours before they convicted Guzman.
According to the motion filed Oct. 23 by defense attorney Donald Day, ring video played in the courtroom that appeared to show Guzman talking to her daughter, acknowledging she hit someone, should have been excluded from trial.
The state argued Guzman’s daughter said the word “dead” and Guzman can be heard saying, “Oh stop.”
Krier ultimately ruled against having Guzman’s child testify at trial. An amended motion for new trial, filed Tuesday, incorporates the argument that Guzman attempted to have her daughter testify to dispute the state’s argument concerning the ring video.