A Palm Desert woman charged with murder for allegedly causing a string of overdoses in a woman she cared for, so she could gain access to the woman’s estate and more than $200,000 from her bank accounts, was arrested Tuesday.
Marilyn Joy Zemek, 59, is accused in the June 17, 2016, death of Pamelia Powell, 69. Zemek is charged with murder, elder abuse, grand theft, identity theft and also faces a special circumstance allegation of murder for financial gain, meaning she could be eligible for the death penalty, should prosecutors pursue it.
She was taken into custody Tuesday morning by Indio police near Frank Sinatra Drive and Portola Avenue in Palm Desert, according to county jail records.
Authorities allege that Zemek, who allegedly had Powell draft a new will leaving her possessions and bank account information to her, caused Powell’s fatal overdose on phenobarbital, which the victim had been taking for several years to regulate seizures, according to an arrest warrant declaration.
Zemek and Powell allegedly met at a Palm Desert “Botox party” in late 2015, and “within a few weeks, Zemek managed to become a major part of Powell’s life,” the declaration states.
On the date of Powell’s death, Zemek reported her passing to police, who found Powell at her home at 81562 Avenida Viesca in Indio. Neighbors told police that Zemek allegedly entered the home and did not call 911 for about 90 minutes to report Powell’s death.
In the months prior to her death, prosecutors allege that Powell’s health deteriorated rapidly, with three hospitalizations due to phenobarbital overdoses or intoxication that led her doctor to remove the drug from her medication list in April 2016.
However, after Zemek became her primary caretaker, she allegedly continued providing the drug to Powell, who suffered “altered mental states, disorientation, delusions and confusion” during her hospital stays in early 2016, according to reports from medical records and accounts from Powell’s neighbors and friends, prosecutors said.
Powell was not allowed to make medical decisions for herself, but was signed out of a medical facility in late May against doctor’s advice, and allegedly at Zemek’s behest. She later drafted a new will giving Zemek her power of attorney, naming her the beneficiary on her Edward Jones account and the recipient of all her possessions, including “every item in the victim’s house,” the declaration states.
Following Powell’s death, investigators found that more than 100 charges, totaling nearly $8,000, were made on her credit card, according to the declaration. When the account was frozen, prosecutors claim Zemek successfully restored access to the account by claiming she was Powell. She can also be seen on video footage making some of the purchases on Powell’s credit card, officials said.
She also allegedly filed probate paperwork in Nevada to become appointed special administrator to Powell’s estate and “withdrew $201,634 in three cashier’s checks made out to herself from Powell’s account,” the declaration states.
Zemek, who’s being held without bail, is expected to appear in court Thursday, according to jail records.
>> Want to read more stories like this? Get our Free Daily Newsletters Here!