PROVO — An Orem attorney is scheduled to enter a guilty plea later today in a plea arrangement involving a charge that he drugged a 15-year-old baby sitter under his employ in the fall of 2002.
If the agreement is concluded as scheduled in 4th District Court, Trevor Zabriskie would become the third attorney in his family to face potential prison time on criminal charges over the past year.
Trevor Zabriskie's father and one of his brothers — both former attorneys —were convicted in federal court in July 2002 of concealing a fugitive from arrest and disposing of stolen goods in connection with allegations that they helped a convicted child molester elude authorities.
Two months later, Trevor Zabriskie drugged a 15-year-old girl who worked part-time at his law firm and occasionally baby-sat his children, said prosecutor Donna Kelly. Zabriskie then allegedly committed sexual acts with the girl. The proposed plea agreement involves a single count of sexual battery.
"She didn't remember all of the events because of the drugs," Kelly said of the victim, "but she remembered enough to be concerned."
The girl, according to court documents, slept until 7 p.m. on the day following the alleged Sept. 1, 2002, incident. She then went to the hospital where tests confirmed that she had been drugged. The hospital contacted the police.
Due to Zabriskie's occasional legal work at the 4th District courthouse in Provo, concerns were raised that a conflict of interest might arise for area prosecutors. The Utah Attorney General's Office reviewed the case and determined that no conflict existed because Zabriskie was no longer practicing law. That ruling allowed Utah County officials to proceed with charges.
"It appears that the case is resolving very quickly because we just filed it, but it has been over a year," Kelly said, adding that a plea agreement was immediately offered to Zabriskie, who has accepted the offer, to speed the final process.
Kelly said the plea agreement hearing would have come earlier, but Zabriskie wanted time to review how the conviction might affect his status as an attorney.
A spokesman for the Utah Bar Association said that Zabriskie has no history of public complaints with the association but that a guilty plea might move the organization to investigate the charges.
"I expect he won't practice for some time and maybe not ever again," said attorney Brook Sessions, who is representing Zabriskie on the sexual battery charge. Sessions said he has not been retained by Zabriskie on issues that might be raised by the bar association.
Orem attorney Rhome Zabriskie, who was recently hired to represent accused child kidnapper Robert Allen Kartchner, is the sole survivor of the legal battles that have left Dean Zabriskie, the father, facing up to 15 years in federal prison, and Slade Zabriskie, a brother, facing up to five years in federal prison after being convicted of harboring fugitive Gerry Curtis Branagan, who was represented by Dean Zabriskie in a child sexual abuse case.
Rhome Zabriskie could not be reached for comment.
Kelly, who is also the prosecutor in the Kartchner case, said her main concern right now is focused on bringing Trevor Zabriskie to justice.
"This has been really devastating for the victim," Kelly said. "It will be good for her to see that he will get a consequence."
E-MAIL: lwarner@desnews.com