Orange County Dist. Atty. Todd Spitzer appeared at a civil trial this week and denied claims he retaliated towards a former government and whistleblower who sought to guard feminine prosecutors who have been sexually harassed within the DA’s workplace.
In a lawsuit filed towards the county by Former Senior Assistant District Lawyer Tracy Miller, at one level the very best rating lady within the prosecutors workplace, Spitzer and others are accused of retaliation and attempting to drive Miller out of her job after she questioned Spitzer’s actions as DA. These actions included his dealing with of allegations {that a} male superior, who was additionally the perfect man at Spitzer’s wedding ceremony, sexually harassed younger feminine prosecutors.
Spitzer denied the accusations throughout hours of testimony that was at instances tense and emotional. In a San Diego courtroom this week, Spitzer acknowledged deep tensions inside the DA’s workplace following his 2018 election victory over former Orange County Dist. Atty. Tony Rackauckas.
Spitzer, who appeared to wipe away tears throughout his testimony, informed jurors he believed he was strolling “in the lion’s den” after profitable the election and anticipated opposition from workers who had labored for Rackauckas.
“I knew it was going to be miserable, and it was miserable,” Spitzer stated, his voice cracking.
In her lawsuit, Miller alleges that Spitzer and former Chief Assistant District Lawyer Shawn Nelson — who’s now an Orange County Superior Courtroom Decide — compelled the prosecutor out by way of “purposeful and intentional retaliation.” The explanation for this, Miller alleges, is that she was defending feminine subordinates who had reported sexual misconduct by a male superior, Gary LoGalbo, who’s now deceased.
“Miller was punished for refusing to allow Spitzer to lionize the predator, gas-light, and further savage the reputation of the victims,” her lawsuit says.
In accordance with the swimsuit, Miller had additionally raised issues about Spitzer’s dealing with of the DA’s workplace, together with worries that Spitzer had violated the Racial Justice Act by mentioning questions of race whereas attempting to find out whether or not or to not search the loss of life penalty towards a Black defendant. She additionally claimed that Spitzer thought-about a prosecutor’s race in assignments and that he had presumably undermined a murder case.
Nevertheless it was the allegations of sexual harassment towards LoGalbo, a former pal and roommate of Spitzer’s, that plaintiff attorneys say most threatened Spitzer’s management and prompted him to focus on Miller.
“[Spitzer] knew that if this was believed, the (district attorney’s) office would suffer one of the worst scandals ever,” stated John Barnett, an legal professional representing Miller throughout his opening assertion Monday. “He punished (Miller) for protecting one of her young prosecutors.”
Attorneys representing the county, in addition to Spitzer and Nelson, argue that the lads needed Miller to remain within the prosecutor’s workplace and valued her expertise, declaring they promoted 4 ladies to high positions attributable to her suggestions.
Protection Lawyer Tracey Kennedy argued throughout her opening assertion Monday that despite the fact that LoGalbo had been mates with Spitzer years in the past, the connection had modified by the point the allegations have been raised.
“(Spitzer) had no reason to protect Mr. LoGalbo at the expense of the Orange County DA’s office, and the expense of his career,” Kennedy stated.
As an alternative, she stated, Spitzer and Nelson had got down to make a lot wanted reforms for the workplace.
“They had a mission to change the DA’s office,” she stated.
The county investigation substantiated the sexual harassment allegations towards LoGalbo, however an April 2021 report discovered that allegations of retaliation have been unsubstantiated as a result of no actions have been taken towards the workers.
A lot of Spitzer’s time on the witness stand Tuesday centered on his position within the LoGalbo investigation, and what gave the impression to be differing variations of what occurred. At one level throughout questioning, Spitzer disclosed that the model of occasions he gave the county’s investigator through the inside probe — a few extremely scrutinized non-public assembly with a supervisor — had been “inaccurate.”
Chris Duff, a former senior deputy district legal professional, had informed the county investigator that Spitzer met with him within the regulation library of a Westminster courthouse in January 2021 and instructed him to write down up one of many sexual harssment victims in her upcoming analysis for being “untruthful.” Duff stated he refused to take action, in accordance with a report of the inner investigation.
Spitzer initially denied discussing the analysis through the meetingand informed the investigator, Elisabeth Frater, that he “never said that” to Dufff as a result of he didn’t need something “to be perceived in any way whatsoever that we were retaliating against her.”
However in courtroom this week, Spitzer supplied a unique model of occasions.
However Spitzer maintained his issues have been in regards to the prosecutor’s veracity, and never in regards to the claims she had raised towards LoGalbo.
After Duff met with Spitzer, Miller despatched a word to Spitzer telling the district legal professional she was conscious of the dialog, and arguing towards writing up the feminine prosecutor.
Throughout his testimony, Spitzer stated he was disillusioned with Miller, and that she had not gone on to him about her issues about numerous points.
At one level, Spitzer stated, he had grown to surprise why Miller would take notes throughout government conferences.
“You could see anytime a subject came up, Tracy was taking notes about our meetings,” Spitzer stated. “There was a point of time where it was very curious to me, why do you seem to be memorializing everything we’re doing?”
When he was first elected in 2018, Spitzer stated he believed he was strolling “in the lion’s den” and anticipated opposition from his direct reviews. For that cause, he stated, he selected Shawn Nelson to be his quantity two.
“I picked him because I was going into battle, in the lions den,” Spitzer stated.
Miller’s lawsuit is simply the newest in a sequence of troubles which have not too long ago hit the district legal professional’s workplace, together with allegations of retaliation raised by high prosecutors and investigators within the workplace.
The county can be going through eight sexual harassment lawsuits involving allegations towards LoGalbo.
In March, a now-retired investigator of the workplace additionally despatched letters to the California legal professional common, the U.S. Division of Justice, the State Bar of California, and different businesses to analyze Spitzer and different high officers on the prosecutor’s workplace.
