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.
An original motion for a new trial was filed Oct. 23.
According to the motion filed by defense attorney Donald Day, the state argued against having Guzman’s daughter testify, as the defense did not list her in their witness list.
Day argues that Krier found a violation, citing the likelihood that Guzman reportedly coached her daughter ahead of her potential testimony.
During their deliberations, jurors requested the court play that piece of evidence three times, ultimately leading to Guzman’s conviction.
The motion filed by Day further alleges Guzman’s car electronic data appeared to indicate Guzman never saw the bicycle before she struck Alberto Martinez, 45.
Day also argued Krier should have granted a mistrial after Assistant State Attorney Mara Marzano questioned defense witness Kevin Crews, an attorney with Wicker Smith and Guzman’s supervisor at the time, saying he committed a crime when he found out Guzman left the crash scene and did not relay that information to law enforcement.
In depth: ‘I was freaking out’: Naples attorney confesses to fatally hitting bicyclist
Lastly, the motion alleges the “cumulative effect” of the arguments Day brought forward in the motion.
The crash happened Dec. 9, 2022, just before 6:45 p.m. along 41st Street Southwest, near 22nd Avenue, in Naples, according to the Florida Highway Patrol.
The bicyclist, later identified as Martinez, died on scene. His left shoe came to rest 70 feet away from his body.
Investigators found bicycle pieces and parts from Guzman’s car spread along the road.
While the investigation continued, the Collier County Sheriff’s Office received an anonymous call from a family member of Guzman, telling them of the crash, according to the Florida Highway Patrol arrest affidavit.
When troopers arrived at Guzman’s home in the 9000 block of Gervais Circle approximately five hours after the crash, according to the arrest affidavit, they found a car with extensive damage to the front-right side and a missing piece consistent with the one they found on scene.
Security footage provided by a resident who lives along 41st Street Southwest played in the courtroom showed Guzman was traveling at approximately 46 mph along the street moments before the crash. The speed limit is 25 mph.
At the time of the crash, Guzman was an associate with Wicker Smith O’Hara McCoy & Ford in North Naples and focused her work on civil litigation, construction, medical malpractice, personal injury, product liability and professional liability, according to her Florida Bar page.
Florida Highway Patrol troopers arrested Guzman nearly two weeks after the wreck, on Dec. 22, 2022. Guzman was terminated from Wicker Smith the day of her arrest, the law firm confirmed to the Naples Daily News, and soon after launched her own law firm, More Justice Law, where according to the firm, she has specialized in personal injury, wrongful death and professional negligence, among others.
Giselle Guzman testifies, recounts events leading to deadly hit-and-run
Guzman testified at her trial, recounting the events that led to Martinez’s death.
According to Guzman, she and other coworkers began their holiday party at Fleming’s around 1 p.m.; some of her colleagues left before she did.
Guzman said she had two mojitos — the last of those around 4 p.m. before she left the establishment around 5:45 p.m.
The lawyer said she drove to her office to work on a case for about 15 minutes before she picked her daughter up from her after-school program more than an hour after it closed.
Guzman said the girl immediately wanted to show her mother a stack of Christmas cards and other items she collected that day.
According to Guzman, she was staring at a particular Christmas card when she struck Martinez, adding that, at first, she thought she had hit an animal.
When her boyfriend at the time later examined the car with her, they discovered they had struck a pedestrian.
Guzman faces sentencing Nov. 20. Her sentence carries a minimum of four years and as much as 30 years in prison.
Krier has set a hearing date for the new trial motion for Nov. 20.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran and Facebook @tomasrodrigueznews.
This article originally appeared on Naples Daily News: Naples attorney guilty in fatal crash asks for new trial
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