The misdemeanor driving under the influence case against Hawks coach Mike Budenholzer began with the jury selection process Tuesday in Fulton County State Court on Tuesday.
The nearly three-year old case will last until at least Monday when former Hawks general manager Danny Ferry is scheduled to testify on behalf of Budenholzer’s defense.
Ferry was subpoenaed for the case. The defense filed a motion requesting that Ferry be able to testify by way of Skype, FaceTime or some other digital electronic means since he would be involved with the NBA Draft as part of his role with the New Orleans Pelicans. His appearance in the case Wednesday or Thursday, the day of the draft, was deemed to be a hardship by the defense.
The motion, objected to by the prosecution, was ultimately denied by Judge Diane Bessen because a 30-day notice was not provided.
According to court documents, “Mr. Ferry’s testimony is both relevant and material to Mr. Budenholzer’s defense as Mr. Ferry was with the defendant for many hours immediately preceding his arrest.”
Earlier this month, Ferry was hired as a special assistant to Pelicans general manager Dell Demps.
The trial is expected to continue Wednesday and possibly run into Thursday. It will resume on Monday with Ferry’s testimony.
Budenholzer faces misdemeanor charges of driving under the influence alcohol less safe and defective or no taillights from an arrest Aug. 28, 2013 after being stopped by police at 10:30 p.m. at 10th Street and Crescent Avenue in Midtown.
Budenholzer faces up to a year in jail, as much as a $1,000 fine, a driver’s license suspension and community services for a first-time offense. He would also face a suspension from the NBA, likely two games, as that received by current Bucks coach Jason Kidd.
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