Riverside County District Attorney Mike Hestrin must testify in a whistleblower lawsuit against the county by a former prosecutor who alleges he was ordered to withhold DNA evidence in a 2010 murder case, an appellate court has ruled.
Former District Attorney Paul Zellerbach, not Hestrin, was in office when the order to hide evidence from the defense allegedly was given in 2013 to ex-Deputy District Attorney Christopher Ross. Hestrin, however, is expected to say that a county lawyer asked him not to testify negatively about Zellerbach in the litigation.
An effort by Riverside County lawyers to quash a subpoena compelling Hestrin to testify in a deposition was successful in Superior Court. But the ruling was overturned in April by a three-member panel of the Fourth District Court of Appeal.
“Testimony showing the unidentified county lawyer’s attempt to suppress or alter a witness’ testimony … is relevant to show the county’s consciousness of guilt,” ruled Justices Judith L. Haller, Terry B. O’Rourke and William S. Dato.
Hestrin, who last week appeared to avoid a runoff election to secure a third term, declined to comment on the subpoena or Ross’ whistleblower suit. Hestrin is scheduled to be deposed on June 27.
Attorney Terry Singleton, who is part of Ross’ legal team, said it is rare for a sitting district attorney to be forced to testify.
“We expect to find out the background of this mystery lawyer’s employment with the county,” Singleton said.
The appellate...
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