Former DA’s wife acquitted of DUI charges
The wife of former Riverside County District Attorney Paul Zellerbach was acquitted Tuesday of driving under the influence of prescription drugs.
After deliberating just under an hour, a Banning jury found 51-year-old Paige Elizabeth Zellerbach not guilty of the misdemeanor charge stemming from a December 2014 crash near the dentist’s residence on Overlook Parkway in Riverside.
Testimony began Wednesday and concluded Monday afternoon, with more than a dozen witnesses summoned to the courtroom of Riverside County Superior Court Judge Samuel Diaz.
The prosecution and defense spent most of Tuesday making closing statements, after which jurors went behind closed doors to begin weighing evidence. About 4:20 p.m., they announced that a verdict had been reached.
It’s unclear what swayed the jury, though court minutes indicate the defense spent substantial time focusing on the “chain of custody” of Paige Zellerbach’s drug tests.
The California Attorney General’s Office alleged the defendant ran into a tree in her black late-model BMW while trying to complete a left turn onto Overlook Parkway from southbound Orozco Street around 10:35 a.m. on Dec. 16, 2014.
The BMW’s right side was significantly damaged in the crash, which caused the airbags to deploy, though Zellerbach was not injured.
According to prosecutors, a motorist followed Zellerbach after seeing her nearly sideswipe a parked car and also almost rear-end him on Mary Street, where Zellerbach has had her dental practice for years.
The witness called 911 after she plowed into the tree. A Riverside police detective, Dawn Boggs, happened to be in the area and went to check the wreck about the time a fire department crew arrived to assist, according to the Attorney General’s Office’s trial brief.
“Boggs recognized defendant as a dentist who had treated her on a few occasions,” the brief stated. “Boggs … asked (Zellerbach) what had happened.
“Defendant looked down, spoke quietly and slurred her speech. Her eyes were red and droopy. Boggs then noticed defendant was wearing green scrubs and that she had defecated in her pants.”
After the investigator asked several more times what had happened, Zellerbach finally replied, “I don’t know … the next thing I knew, I hit a tree,” according to the brief.
A traffic patrolman then took over the investigation and administered two field sobriety tests, during which Zellerbach “admitted that she had taken Lexapro” two hours earlier, court papers stated.
At some point while the dentist was speaking with officers, Paul Zellerbach arrived but did not interfere with the investigation.
Riverside police Sgt. Cliff Mason took custody of Paige Zellerbach, arresting her on suspicion of DUI and taking her to the Magnolia Avenue Station for a blood draw and additional questioning.
According to the brief, as Zellerbach was attempting to complete a finger-to-nose test at the station, she “lost her balance and fell backwards,” forcing an officer to catch her.
Zellerbach allegedly told the lawmen that “I can’t even do this one sober,” according to court papers.
Zellerbach indicated that the night before, she had taken anti-anxiety drugs known to impair judgment, according to the prosecution.
Her blood screening revealed that Zellerbach had Citalopram, an anti-depressant, Phentermine, typically used to induce weight loss, and Lorazepam, an anti-anxiety medication, in her system, according to court documents.
At the time, Paul Zellerbach was serving his last weeks as district attorney, having lost his re-election bid six months earlier to homicide prosecutor Mike Hestrin.
During the race, Paul Zellerbach was caught vandalizing one of Hestrin’s
campaign signs, leading the Indio Police Department to seek misdemeanor and felony charges against him.
The Attorney General’s Office filed a vandalism allegation, to which Paul Zellerbach pleaded guilty in early January 2015. He was sentenced to 12 months probation.