Orange County Dist. Atty. Todd Spitzer appeared at a civil trial this week and denied claims he retaliated in opposition to a former govt and whistleblower who sought to guard feminine prosecutors who had been sexually harassed within the D.A.’s workplace.
In a lawsuit filed in opposition to the county by former senior assistant Dist. Atty. Tracy Miller, at one level the highest-ranking 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 D.A. These actions included his dealing with of allegations {that a} male superior, who was additionally the very best man at Spitzer’s marriage ceremony, sexually harassed younger feminine prosecutors.
Spitzer denied the accusations throughout hours of testimony that grew to become at occasions tense and emotional. In a San Diego courtroom this week, Spitzer acknowledged deep tensions inside the D.A.’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 “within the lions’ den” after profitable the election and anticipated opposition from workers who had labored for Rackauckas.
“I knew it was going to be depressing, and it was depressing,” Spitzer stated, his voice cracking.
In her lawsuit, Miller alleges that Spitzer and former chief assistant Dist. Atty. Shawn Nelson — who’s now an Orange County Superior Court docket Choose — pressured the prosecutor out by means 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 permit Spitzer to lionize the predator, gaslight, and additional savage the status of the victims,” her lawsuit says.
In keeping with the swimsuit, Miller had additionally raised issues about Spitzer’s dealing with of the D.A.’s workplace, together with worries that Spitzer had violated the Racial Justice Act by citing questions of race whereas attempting to find out whether or not or to not search the loss of life penalty in opposition to a Black defendant. She additionally claimed that Spitzer thought of a prosecutor’s race in assignments and that he had probably undermined a murder case.
Nevertheless it was the allegations of sexual harassment in opposition to LoGalbo, a former buddy 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 lawyer’s) workplace would undergo one of many worst scandals ever,” stated John Barnett, an lawyer representing Miller throughout his opening assertion Monday. “He punished (Miller) for shielding certainly one of her younger prosecutors.”
Attorneys representing the county, in addition to Spitzer and Nelson, argue that the boys wished 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 regardless that LoGalbo had been associates with Spitzer years in the past, the connection had modified by the point the allegations had been raised.
“(Spitzer) had no motive to guard Mr. LoGalbo on the expense of the Orange County DA’s workplace, and the expense of his profession,” Kennedy stated.
As a substitute, she stated, Spitzer and Nelson had got down to make a lot wanted reforms for the workplace.
“They’d a mission to alter the D.A.’s workplace,” she stated.
The county investigation substantiated the sexual harassment allegations in opposition to LoGalbo, however an April 2021 report discovered that allegations of retaliation had been unsubstantiated as a result of no actions had been taken in opposition to the staff.
A lot of Spitzer’s time on the witness stand Tuesday centered on his function 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 in the course of the inside probe — a few extremely scrutinized non-public assembly with a supervisor — had been “inaccurate.”
Chris Duff, a former senior deputy district lawyer, 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 put in writing up one of many sexual harassment 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 in the course of the assembly and informed the investigator, Elisabeth Frater, that he “by no means stated that” to Duff as a result of he didn’t need something “to be perceived in any means in any respect that we had been retaliating in opposition to her.”
However in courtroom this week, Spitzer supplied a unique model of occasions.
“What I informed Frater was inaccurate,” Spitzer stated, including that he did focus on issues he had in regards to the feminine prosecutor’s honesty relating to an e-mail she wrote. “I did speak to Duff about that.”
However Spitzer maintained his issues had been in regards to the prosecutor’s veracity, and never in regards to the claims she had raised in opposition to LoGalbo.
After Duff met with Spitzer, Miller despatched a word to Spitzer telling the district lawyer she was conscious of the dialog, and arguing in opposition to writing up the feminine prosecutor.
Throughout his testimony, Spitzer stated that he was disillusioned with Miller, and that she had not gone on to him along with her issues about numerous points.
At one level, Spitzer stated, he had grown to surprise why Miller would take notes throughout govt conferences.
“You could possibly see anytime a topic got here up, Tracy was taking notes about our conferences,” Spitzer stated. “There was some extent of time the place it was very curious to me, why do you appear to be memorializing all the pieces we’re doing?”
When he was first elected in 2018, Spitzer stated he believed he was strolling “within the lions’ den” and anticipated opposition from his direct studies. For that motive, he stated, he selected Shawn Nelson to be his quantity two.
“I picked him as a result of I used to be going into battle, within the lions’ den,” Spitzer stated.
Miller’s lawsuit is simply the most recent in a collection of troubles which have not too long ago hit the district lawyer’s workplace, together with allegations of retaliation raised by high prosecutors and investigators within the workplace.
The county can also be dealing with eight sexual harassment lawsuits involving allegations in opposition to LoGalbo.
In March, a now-retired investigator of the workplace additionally despatched letters to the California lawyer common, the U.S. Division of Justice, the State Bar of California, and different businesses to research Spitzer and different high officers on the prosecutor’s workplace.
