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District Attorney race remains at the forefront during election time


Saturday, May 31st, 2014
Issue 22, Volume 18.


Among Riverside County's political contests, the District Attorney's race is at the forefront, with one-term D.A. Paul Zellerbach fighting to retain his seat in the face of a formidable challenge from veteran homicide prosecutor Mike Hestrin, as suspicions of criminal wrongdoing swirl around the incumbent.

In June 2010, Zellerbach, then a Superior Court judge, unseated one-term D.A. Rod Pacheco in a grueling campaign during which Zellerbach blamed his former friend for clogging the court system due to a no-plea-bargains policy, as well as micromanaging the D.A.'s office, creating a climate of "intimidation and fear," and blowing a hole in the agency's budget by mismanaging resources.

Zellerbach further alleged that Pacheco was misstating conviction rates to burnish his image, arguing that the 90 percent rate that the then-D.A. boasted was actually closer to half that.

In March 2013, 15-year deputy district attorney Mike Hestrin announced he would challenge Zellerbach, citing the agency's plummeting morale, a lack of leadership and concerns over a seeming apathetic response to the fallout from state public safety realignment legislation that critics argue has contributed to area crime.

Zellerbach, 60, has stood by his record of the last four years, using the slogan "Promises Made; Promises Kept" in campaign literature.

The D.A. insists that conviction rates have increased "37 percent" since he took office in January 2011.

However, figures supplied by the Judicial Council of California suggest otherwise. According to the state agency, in the last fiscal year of Pacheco's term, 2009-10, the overall conviction rate was 86.4 percent, while during the first full fiscal year of Zellerbach's term, 2011-12, the overall rate came to about 84 percent.

Zellerbach has succeeded in keeping a lid on the the D.A.'s office budget, staying in the black every year except the first six months of his term, when he assumed control from Pacheco and needed nearly $6 million in general fund assistance to cover end-of-year expenses.

The incumbent eliminated 16 executive-level positions almost immediately after taking office as part of a new budget discipline he vowed to enforce. However, he eventually hired almost an equal number of people to fill the same top slots. The legitimacy of some hires has been questioned, including the rationale for having a "tribal liaison" among the executive staff.

The employee, Ricardo Rubio, was later witnessed allegedly helping Zellerbach conduct political activity on county time.

Zellerbach lambasted Pacheco in 2010 for lowering morale at the agency, citing a grand jury report that suggested some employees feared being demoted or transferred into static positions if they said anything remotely critical about how the office was being run.

Zellerbach promised an "open door" policy in which opinions could be shared without fear of retribution. However, line prosecutors have told City News Service that criticism of Zellerbach is met with hostility and can have career-killing repercussions.

Shortly after veteran homicide prosecutor John Aki openly criticized personnel changes within the office last year, he was stripped of his seniority and transferred Advertisement
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from the Riverside office to Indio, where he's now handling gang cases.

Hestrin has described morale at the D.A.'s office as being "in the tank," pointing to his virtually unanimous vote of support from fellow deputy district attorneys last May as one example.

The challenger has taken the incumbent to task on his claims of being a crime fighter, blasting Zellerbach for supporting mechanisms such as split sentencing, under which a convict can do part of his time behind bars and the rest out of custody, basically on probation.

Zellerbach has characterized split sentencing as a "useful tool" that provides alternatives to overloading already maxed-out local jails with more convicts.

Hestrin has turned some statistics against the county's top prosecutor, who boasts of contributing to a "16 percent" reduction in violent crime countywide last year. Zellerbach's reference conveniently ignores some categories of crime, according to Hestrin, who has emphasized the murder rate in 2013 was up nearly 50 percent.

The 43-year-old prosecutor's campaign has consistently highlighted the apparent correlation between upward crime spikes and inmate early releases.

According to the sheriff's department, more than 16,200 detainees in the county's five jails were put back on the street in 2012 and 2013 before their sentences were served or their cases adjudicated because there wasn't enough space to hold them and at the same remain in compliance with a federal court decree that each inmate have a bed.

Zellerbach contends that the early releases cannot be attributed to his policies. But Hestrin argues the incumbent's preference for expediting cases through the system via plea deals and other easy compromises has added significantly to problems in the overall public safety apparatus.

Zellerbach has characterized Hestrin as a union appeaser, suggesting that if the Coachella Valley native takes the helm, the Riverside County Deputy District Attorneys' Association will get whatever it wants -- regardless of what's in the best interest of taxpayers -- as will other collective bargaining units.

Zellerbach sought the RCDDAA's endorsement -- and the backing of all of the other law enforcement associations supporting Hestrin.

The D.A. has alluded to appearances of a conspiracy in the Indio Police Department investigation that culminated in detectives asking the California Attorney General's Office to charge him with felony misappropriation of funds and embezzlement by a public official, along with misdemeanor vandalism and theft.

Zellerbach came under scrutiny following two April 23 incidents involving Hestrin campaign signs. In one instance, a law enforcement officer said he saw Zellerbach tear down a large Hestrin sign, and in the second instance, surveillance cameras outside a convenience store caught the D.A. doing the same thing with three smaller signs. He was on official business, using a county vehicle at the time, traveling with his tribal liaison.

Zellerbach has dismissed the activity as "much ado about nothing."

A spokesman for the AG's office told CNS today that the case is still under review.


 

4 comments

Comment Profile ImageTruth Be Told
Comment #1 | Saturday, May 31, 2014 at 6:40 pm
If Z wins there will be a exodus from the DA's Office of any employee who can financially afford to depart. And those Hestrin supporters who stay on board will, sooner or later, be punished by Z, one way or another. Also, if Z wins, very unlikely that the AG will file any criminal charges against him.

If Hestrin wins Z's hand-picked managers who were directing people to carry out Z's policies are gone. Hestrin will have the difficult task of rebuilding the DA's Office, starting at the executive manager level and working his way down to line employees who are not pulling their load. NOTE: If Hestrin wins it much more likely that the AG will file at least one criminal charge against him. If Hestrin wins Z would be well advised to resign forthwith, and agree to never seek public office, in exchange for the AG's agreement not to charge him with a crime.

There is a LOT riding on this election for a LOT of people.
Comment Profile ImageMisterschmidty
Comment #2 | Sunday, Jun 1, 2014 at 7:52 am
Nice job of promoting Zellerbach. That is what the whole article seems to do. You must have let him review and change it before publication.
Comment Profile Imagestillwaiting
Comment #3 | Sunday, Jun 1, 2014 at 3:54 pm
This is what Zellerbach's "much ado about nothing" activities really mean:
1. Enduring several months of emotional strain waiting to see if your going to be prosecuted for false allegations made against you.
2. Finding out that your case was 1 of the 1,000 cases needing to be reviewed being sent from the Indio DA's office to the Southwest DA's office in Murrieta, all because of a lack of time and resources at the Indio DA's office. That means several more months up to 2 years of waiting to find out.
If he would of put as much effort into doing his job as he has denying the obvious crimes he did that were personally witnessed and caught on video tape, he could expect a timely trial and judgment. One could only hope that he "reaps the rewards" of a DA's office that lacked leadership and management and to never forget the old saying, "what goes around, comes around".
Comment Profile ImageDA complaints
Comment #4 | Monday, Jun 2, 2014 at 6:17 pm
You DA's are an arrogant lot. When Hestrin wins, the cost to the county will increase dramatically and eventually the public will hold you accountable for your Pacheco policies

Article Comments are contributed by our readers, and do not necessarily reflect the views of The Valley News staff. The name listed as the author for comments cannot be verified; Comment authors are not guaranteed to be who they claim they are.

 

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