Paul Zellerbach
10:00 PM PDT on Monday, July 4, 2011
By RICHARD K. DE ATLEY
The Press-Enterprise
Six months after he took over the job almost no one expected him to get, Riverside County District Attorney Paul Zellerbach is running an office with fewer people, less money and greater challenges than he could have guessed.
In addition to a tight budget for this fiscal year, and wrestling with an inherited multimillion-dollar deficit for the previous year, Zellerbach’s office currently has about 250 fewer employees than the 950 authorized.
In an interview, Zellerbach said one of his biggest concerns for the future of his office — the pending return of state prison inmates to local custody — was not even on the radar when he was elected in June 2010.
The new state budget contains a plan by Gov. Jerry Brown that eventually will transfer to Riverside County custody about 1,600 state prison inmates who are considered nonviolent, are not affiliated with gangs and are not sexual predators.
The plan also will keep in local custody future inmates sentenced to fewer than three years in state prison and will make counties responsible for handling and incarcerating parole violators. On top of that, the U.S. Supreme Court in May ordered California to reduce its prison population by more than 30,000 inmates in the next two years.
With 3,900 county jail beds and a standing federal order to release inmates to avoid overcrowding, Zellerbach said he is concerned that some of those released early will re-offend.
Added to the increased parole violation cases, there will be more work for his office, he said.
“There are two forces working here, the Supreme Court decision and the governor’s realignment plan. … It’s almost a perfect storm,” he said.
CRIMINAL CASE MANAGEMENT
Courthouse observers said the most immediate difference since Zellerbach took over Jan. 3 is how his office manages criminal cases.
His predecessor, Rod Pacheco, was known for refusing to allow his prosecutors to negotiate plea agreements after preliminary hearings for people accused of serious and violent crimes, attorney Ryan Markson said.
Defense attorneys complained that Pacheco’s office generally disregarded new information that might affect the case.
Such negotiations are now possible with Zellerbach’s staff, Markson said, “but he is not giving away the farm, that’s for sure.”
Zellerbach said his office pays attention to information developed by either prosecution or defense investigations.
“I have made it clear both to my staff as well as defense bar and judges that my staff is willing to re-evaluate a case,” he said.
Court records show Zellerbach’s office has decided not to seek the death penalty in at least six cases previously designated as capital punishment cases.
His office also has been willing to accept guilty pleas from possible death penalty defendants in return for a sentence of life in prison without parole.
The most high-profile case was that of Joseph Edward Duncan III, who was facing a death penalty trial for the 1997 abduction and murder of Anthony Martinez. Duncan already had received multiple federal court death sentences for the slaying of a family in Idaho. Riverside County prosecutors accepted a plea from Duncan that resulted in two consecutive life sentences without parole.
“He deserves to die,” Zellerbach said of Duncan. “But from a practical standpoint, the federal government will achieve that long before the State of California will. And the (Martinez) family wanted closure.”
He said his office has sought the death penalty this year in other cases, only to have juries decide otherwise.
In one case, jurors chose life without parole for a gang member convicted in the shooting of a 13-year-old Riverside boy in 2002.
Jurors in an Indio gang-murder case also recommended life in prison without parole over death for two convicted shooters.
“They are not the verdicts we had hoped for, but nonetheless when you are seeing a pattern in these types of cases, with jurors in very divergent geographical regions in the county returning the same kinds of verdicts, they are sending a message to us,” he said.
TRIAL CONVICTIONS UP
Zellerbach said statistics gathered for nearly the first six months of his term indicate conviction rates are increasing for cases brought to trial, at 82 to 85 percent. He said conviction rates were between 70 and 75 percent for all of 2010.
Riverside County Public Defender Gary Windom said Zellerbach’s attorneys are resolving cases that don’t need to go to trial, “and then we litigate the matters that need to be litigated.”
Windom publicly feuded with Pacheco during the former district attorney’s four years in office.
With Zellerbach, “it’s just like night and day,” Windom said. “I met with him three times before he was sworn in. We agreed that we would have a monthly meeting to discuss items of mutual concern, and we have kept that agreement.”
Zellerbach, a 22-year career prosecutor who was elected to a judgeship, has not yet run into vocal, on-the-record detractors.
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THE DISTRICT ATTORNEY JOB IS TO ALSO PROTECT THE PUBLIC.OFFERING PLEA BARGIN OF ASSAULT TO MURDERER 4 DAYS BEFORE TRAIL WAS TO START.WITH ONE OF THE MATERIAL WITNESS IN COURT READY TO TESTIFY ON FEB 24 2011.THE TRAIL AGAINST LOUIS ALEX MARTINEZ FOR SECOND DEGREE MURDER.WE MET WITH DISTRICT ATTORNEY PAUL ZULLERBACH,ASSISTANT DA DATIG, DEPUTY DA ALMA HERNANDEZ I SAID TO THE DA.I READ IN THE PRESS ENTERPRIZE THAT LOUIS ALEX MARTINEZ DEFENCE ATTORNEY PUAL GRECH SPONCER YOU FOR ELECTION. HE SAID TO US HE AND DEFENCE ATTONEY PUAL GRECH WORK TOGETHER FOR 22 YEARS AS PROSECUTERS.I ASK HIM DID HE SEE THE EVIDENCE? HE SAID NO HE DID NOT. ACORDING TO CALIFORNIA PENAL CODE 1192.7(2) THE DA VIOLATED PLEA LIMITATION. IT IS WRITEN INDICTMENT OR INFOMATION CHARGES OF A FELONY PLEA BARGAIN IS PROHIBITED. UNLESS YOU CANNOT OBTAIN A MATERIAL WITNESS.THE MATERIAL WITNESS WAS IN THE COURT ROOM. THE OTHER VIOLATION IS FRAUD ON THE COURT.THE DA HAS A PERSONAL GOAL. TO STREAMLINE THE COURT SYSTEM. USEING INFLUENCE FOR THE JUDICIAL SYSTEM WORK IN YOUR
FAVOR.CONVICTION OR PLEA BARGAIN IS NOT FINALFROM MURDER CHARGE TO OFFER A PLEA OF ASAULT.THE SENTENCE DIFFERANCE IS MURDER-15 YEARS TO LIFE ASSUALT-IS 4 YEARS. BE OUT IN 2 YEARS WITH GOOD BEHAVIOR.THE DA DOES NOT WANT TO USE FUNDS FOR TRAILS I GUEST THE DA IS THE JUDGE AND JURY NOW. I DO NOT KNOW HOW MANY FAMILY HAD TO GO THROUGH THIS. TO BE VICTIMIZE TWO TIME BY THE DA OFFICE.I DO NOT KNOW WHAT STEP TO TAKE. MAYBE THE FEDERAL GOVERMENT MAY INVESTIGATE THIS HATE CRIME MURDER OF ORLANDO JORDAN.A VETERAN EMPLOYEE OF WELLS FARGO. (11) YEARS
I would like to start off first by saying I am the sister of Louis Martinez and I am very thankful That Mr. Zellerbach was able to see that my brother was innocent and wrongfully accused by a so called witness, Eric Thomas, who was highly intoxicated and under the influence of drugs. The DA made the mistake of cutting a deal to the real murderer MIchael Castillo, before doing any DNA testing on the murder weaopon. This testing was not done until two years later and results proved my brother was innocent. MIchael castillo’s fingerprints and blood were all over the murder weapon and not a single drop of blood or fingerprint of my brothers, Louis Martinez were found on it. So tell me how this gruesome stabbing that my brother suppoasably commited took place without any of his DNA getting on the weapon??? It doesnt take a genius to figure out who the real murderer is!! I MYSELF MET WITH CASTILLO’S GIRLFRIEND THE DAY AFTER THE MURDER, SHE WAS ALSO AT THE SCENE, AND SHE ADMITTED TO ME HER BOYFRIEND MICHAEL DID THE KILLING AND SHE TOLD ME HOW HE NEVER LIKED THE VICTIM ORLANDO, AFTER TELLING OUR LAWYER THIS INFORMATION, HER AND MICHAEL CASTILLO WERE MARRIED SOON AFTER SO THAT SHE WOULD NOT HAVE TO TESTIFY. I WAS SUBPOENED AND READY TO TESTIFY, ALONG WITH MY MOM, SISTER, AND SISTER IN LAW WHO WERE ALSO PRESENT WHEN APRIL CASTILLO GAVE US THIS INFORMATION, MY FAMILY AND I HAVE HAD THE ROUGHEST TIME THESE LAST YEARS TRYING TO PROVE MY BROTHERS INNOCENCE, OUR DEEPEST APOLOGIES TO THE VICTIMS FAMILY, BUT WE ASSURE YOU MY BROTHER IS NOT RESPONSIBLE FOR YOUR SONS DEATH, THE REAL KILLER MICHAEL CASTILLO IS WHO YOU SHOULD BE ANGRY WITH, AS WE ARE TOO, MY BROTHER IS SERVING PRISON TIME WHEN HE IS 100% INNOCENT. PEOPLE LIE, DNA DOESNT!!! SO ONCE AGAIN, I AM THANKFUL THAT MR. ZELLERBACH WAS SMART ENOUGH TO TAKE A SECOND LOOK INTO THIS CASE AND REALIZE THE MISTAKE THE RIV. DA HAD MADE. IF ANYONE SHOULD BE SUING. IT SHOULD BE MY FAMILY, FOR MY BROTHER BEING WRONGFULLY ACCUSED.
I sat through the meetings and court hearings with the Jordans for the murder of their Son Orlando. It was clear to me based on the evidence presented that Castillo the murderer and Martinez the Murder Accomplice were in Kahoots in the murder of Orlando Jordan. The DA representing the Jordans, Phillip Greenburg, was the most incompetent person I have ever seen in a position of that statute. It was obvious that no one in the DA’s office was overseeing his pitful performance. They allowed Castillo to get away with a meer 3 years in Prison for a murder; he should have been thrown in prison and the key tossed. Martinez also got off with a very minimal amount of time (he should have served lots more time). It was obvious that he is a gang member (Blue) as he is called and should be removed from society before he is responsible for more vicious crimes. The fact that these two are out again and free to roam the streets is very scary to me. Everyone should be fearful. It was easy for them to commit this crime and it becomes easier the second time. It makes me sick to my stomach to remember how trustworthy the Jordans were of our system and the DA they thought was representing them. Not only have the Jordan’s lost a son but they have lost all credence in the DA’s Office and the justice system. Had this gone to trial, I know in my heart the jury, based on the evidence presented, would have had no problem convicting the two criminals. Look out my fellow citizens, watch your back and hire an attorney don’t rely on the DA’s office. This is a case where justice was not served and all because a fool was in charge of a case he could not handle.