Cape Coral residents will not get a near-term resolution to a high-profile local legal matter after a judge delayed proceedings in a drunken driving case involving a city councilmember.
The case against Councilwoman Rachel Kaduk, arrested Dec. 16, 2025, on suspicion of driving under the influence, was continued on July 14 after the defense said it discovered that the 911 caller who initiated the complaint gave interviews with statements that contradict her original report to law enforcement.
What changed for residents
The delay means Kaduk will not face immediate adjudication and her next appearance is set for Sept. 16. It also requires additional evidence review by both sides and a chance to question the caller, who is a key witness in the prosecution’s case.
Defense attorney Joseph Viacava told Lee County Judge Nicole Mirra that the caller recorded interviews with media outlets that include statements differing from the 911 call transcript and the subsequent account given to police.
"It looks like they’re definitely drunk,"
The line above is from the released 911 audio that first prompted police attention to an alleged reckless driver on Del Prado Boulevard. The News-Press reported that Viacava argued the media interviews could "completely change" the witness’s testimony. Judge Mirra granted a continuance and ordered that all video interviews with the caller be produced to both prosecution and defense.
Legal and civic context
Kaduk, 36, has a prior reckless driving charge from 2013, a point the court record shows but that has not been adjudicated in this proceeding. The continuing review of evidence may alter how the state proceeds or influence any plea discussions.
- Arrest date: Dec. 16, 2025
- Next court date: Sept. 16, 2026
- Prior related charge: reckless driving, 2013
The News-Press reported that the 911 caller spoke to media outlets multiple times; the News-Press did not speak with that caller directly for its story. Judge Mirra’s order requires those media interviews to be turned over so attorneys on both sides can review and prepare follow-up questioning for the witness.
City response and implications
The Cape Coral City Government responded to an inquiry about whether the councilmember would retain her seat by email, calling the matter personal and unrelated to official duties.
"This is a personal legal matter unrelated to the councilmember’s duties or city operations."
The statement stops short of addressing any internal council procedures should the legal matter proceed further. For residents, the delay means the case will remain unresolved through the late summer and could resurface as a local political issue depending on how prosecutors and defense counsel proceed after reviewing the newly ordered materials.
| Item | Detail |
|---|---|
| Arrest | Dec. 16, 2025 |
| Judge | Nicole Mirra |
| Defense attorney | Joseph Viacava |
| Next hearing | Sept. 16, 2026 |
The court action underscores how witness statements and media interviews can become central evidence in criminal cases. Both prosecution and defense now have time to review the recorded interviews and adjust strategies, and the court will permit direct questioning of the caller once those materials are exchanged.
Community members seeking updates should watch for filings in Lee County court and statements from the city as the Sept. 16 date approaches.
