Feb 23, 2009 7:02 pm US/Eastern
Judge Says Leyritz To Remain Free On Bond
Judge Agrees There Is Miscommunication And Leyritz Was Not Properly Informed
FORT LAUDERDALE (CBS4.com) ―
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Jim Leyritz is most remembered on the field for hitting a dramatic 3-run home run in Game 4 of the 1996 World Series against Atlanta. The 45-year-old was arrested on Dec. 28 for driving under the influence and being part of a traffic accident.
AP
Former New York Yankees baseball catcher Jim Leyritz will remain free on bail but a Judge says if he's ever caught drinking again, that bond will be revoked.
Broward Circuit Judge Ilona Holmes gave the 45-year-old Leyritz the benefit of the doubt, agreeing that mistakes had been made and that there was miscommunication about what Leyritz could or could not do during his pre-trial release. Leyritz's attorney David Bogenschutz had said Leyritz had not been properly released and thought the conditions of his release had changed.
While Leyritz will remain free on bail, Judge Holmes told Leyritz, "I don't want you drinking any alcohol, no beer, no wine." She also urged him to avoid being ticketed or arrested for any offense. Leyritz told her, "I fully understand."
As he left court, he seemed to appreciate what the Judge had said, saying "It's the Judge's decision." He declined to say anything else.
Leyritz is charged with DUI manslaughter by impairment and DUI manslaughter by unlawful blood alcohol level. On Dec. 28th, 2007, police say he was out celebrating his 44th birthday when he allegedly ran a red light and struck a vehicle driven by Fredia Ann Veitch, a mother of two.
Leyritz was jailed again two Fridays ago after Prosecutors said a monitoring device in his car registered that he had tried to drive four times after drinking. His attorney said he passed the blow test nearly 4,000 times---and was not drunk when he failed it.
But Prosecutor Stephanie Newman said Leyritz was never told he could drink during his pre-trial release. "Leyritz also has a history of binge drinking and memory loss," Newman said. "I'm concerned about the safety of society and of children out there." Newman left court without commenting about the decision to allow Leyritz to remain free on bail.
Leyritz's attorney David Boggenschutz told us Judge Holmes made the right decision because Leyritz has not been afforded due process. He also insisted Leyritz would pay strict attention to the Judge's order that he not drink, "especially now."
Leyritz also must report to officials in pre-trial services three times a week by telephone and at least once a week in person.
Leyritz has pleaded not guilty and faces up to 15 years in prison if convicted.
CBS4's Ted Scouten and Tim Kephart contributed to this report.
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