Orange County Dist. Atty. Todd Spitzer harassed and retaliated in opposition to a high-ranking feminine prosecutor in his workplace after she raised issues about his conduct and tried to guard different prosecutors who have been sexually harassed by one other superior, in accordance with a jury verdict Thursday.
The jury, which heard the case in San Diego County to keep away from potential conflicts, discovered Spitzer acted with “malice” in opposition to Tracy Miller, who was at one level the highest-ranking lady within the prosecutor’s workplace.
The jury additionally discovered that the county didn’t take cheap steps to forestall office harassment, and took “adversarial employment motion” in opposition to Miller.
“Tracy Miller had the fortitude to withstand essentially the most highly effective legislation enforcement individual within the county, and she or he prevailed,” John Barnett, Miller’s legal professional, mentioned after the decision was learn Thursday. “It took a number of braveness, and the jury noticed that she was proper.”
The county declined to touch upon the decision and a request for remark from Spitzer’s workplace was not instantly returned Thursday.
The jury discovered the county, Spitzer and Nelson accountable for $3 million in damages, together with $1.5 million for previous emotional misery. The jury hasn’t but reached a verdict on punitive damages and was anticipated to listen to extra arguments Thursday afternoon.
In contrast to prison trials, civil trials in California don’t require a unanimous verdict. On this civil case, juror choices ranged from 12-0 to 9-3 for the varied claims upheld in opposition to the defendants. The jury voted 10-2 to award punitive damages in opposition to Spitzer.
Miller sued Orange County, Spitzer, and former Chief Assistant Dist. Atty. Shawn Nelson, accusing them of retaliation and forcing Miller out after she objected to Spitzer’s actions whereas heading the workplace. Miller alleged she tried to guard feminine prosecutors from being retaliated in opposition to after they alleged they have been sexually harassed by Gary LoGalbo, a former supervisor who was additionally buddies with Spitzer.
Former and present prosecutors within the workplace described a “difficult” and “demanding” setting contained in the prosecutors workplace, however some mentioned they confronted threats of being fired or demoted.
In her testimony, Miller mentioned Spitzer and Nelson used “gender-based slurs,” disrespected her and undermined her authority within the workplace.
Based on her swimsuit, Miller alleged she had raised issues that Spitzer had violated the Racial Justice Act by mentioning questions on race whereas figuring out whether or not or to not search the demise penalty in opposition to a Black defendant, and that Spitzer used race in case assignments.
Miller mentioned in court docket that Spitzer had threatened to fireplace her shut buddies within the workplace, and dismantle packages she had spearheaded in retaliation.
However a lot of the trial centered on what occurred shortly after a number of feminine prosecutors alleged they have been sexually harassed by LoGalbo, a former police officer and the perfect man at Spitzer’s wedding ceremony.
When an inside county investigation confirmed the ladies have been harassed, the report recognized Miller and her testimony by describing her place and gender. Afterward, Miller testified, Spitzer focused her and criticized her for writing notes throughout govt conferences.
“You possibly can see anytime a topic got here up, Tracy was taking notes about our conferences,” Spitzer testified. “There was a degree of time the place it was very curious to me, why do you appear to be memorializing every little thing we’re doing?”
Spitzer, who testified on a number of days through the trial, denied the accusations. He acknowledged deep tensions inside the D.A.’s workplace after he assumed the position in 2018, however attributed the opposition to staff who supported the earlier district legal professional, Tony Rackauckas.
“I knew it was going to be depressing, and it was depressing,” Spitzer mentioned in testimony, at one level wiping away tears.
He mentioned that was a part of the explanation why he selected Shawn Nelson, now a county superior court docket decide, as chief assistant district legal professional when he first took workplace.
“I picked him as a result of I used to be going into battle, within the lions’ den,” Spitzer mentioned.
However Miller testified Nelson’s actions additionally raised issues within the district legal professional’s workplace after the allegations of sexual harassment have been made. For instance, proseuctors testified that in a sexual harassment coaching session for managers, Nelson stood up and mentioned there have been “no victims.”
The county nonetheless faces eight sexual harassment lawsuits involving allegations that have been made in opposition to LoGalbo.
“It’s essential for the general public to know what occurred,” Barnett mentioned. “I used to be assured that our case was robust and we have been proper.”
