PROVO — A lawyer waiting to hear about his future with the Utah bar is arguing that part of the case against him is based on incorrect information.
The attorney for Trevor Zabriskie, the lawyer in question, will be filing a motion to address summary judgment issued in a previous criminal case in which Zabriskie was a defendant.
In September 2002, Zabriskie, who practiced law with his father, Dean, and brother Rhome, pleaded no contest to a third-degree felony of endangerment of a child and a class A misdemeanor of sexual battery. The charges stemmed from allegations that he provided Xanax, a prescription medicine, to a 15-year-old girl and that he participated in inappropriate sexual actions with her.
Zabriskie admitted providing the medicine but denies touching the girl inappropriately and refused to accept a plea deal with prosecutors if such wording was in the agreement.
Both sides agreed the wording would be stricken, but for some reason the verbal account of the plea and the written statement differed.
Zabriskie's actual plea stated that he gave the girl drugs and allowed her to touch him inappropriately, said Donna Kelly, a deputy Utah County attorney.
It's such an important part of the case that Zabriskie's lawyer, Peter Guyon, said he wants to make sure it is corrected in the official record.
The wrong wording was contained in the summary judgment issued by 4th District Judge Fred Howard and is a factor in the Office of Professional Conduct wanting Zabriskie disbarred.
"Attorney discipline is designed to protect the public," said Dianne Akiyama, assistant counsel for the Office of Professional Conduct. "The bar has a responsibility to protect the legal system."
The office believes Zabriskie violated the responsibility and trust given to members of the bar when he broke the law and was later charged.
Guyon contends the facts do not justify disbarment. Though he doesn't want to excuse Zabriskie's choices, he said all the circumstances must be considered.
On the stand Thursday afternoon in 4th District Court, Zabriskie told the judge how he was under severe loads of stress and had turned to Xanax and alcohol to help alleviate panic attacks.
Because of that dependence on drugs and alcohol, Guyon wrote in a motion, it is "understandable that Mr. Zabriskie had a lapse in judgment, but there is in no way a pattern of such behavior."
Guyon argues that the 15-year-old girl was not a client but a friend of a friend who was visiting Zabriskie's office and later tried to initiate kissing and sexual actions. Zabriskie said he told her to stop.
"I accept full responsibility for what happened," Zabriskie said. "I was the adult there. I accept responsibility for what really happened."
Both sides will file motions, and a future hearing date will be scheduled to discuss amending the summary judgment.
E-mail: sisraelsen@desnews.com