female prosecutor

Orange County Dist. Atty. Todd Spitzer harassed and retaliated against a high-ranking female prosecutor in his office after she raised concerns about his conduct and tried to protect other prosecutors who were sexually harassed by another superior, according to a jury verdict Thursday.

The jury, which heard the case in San Diego County to avoid potential conflicts, found Spitzer acted with malice against Tracy Miller, who was at one point the highest-ranking woman in the prosecutor’s office.

The jury also found that the county did not take reasonable steps to prevent workplace harassment, and took “adverse employment action” against Miller.

“Tracy Miller had the fortitude to resist the most powerful law enforcement person in the county, and she prevailed,” John Barnett, Miller’s attorney, said after the verdict was read. “It took a lot of courage, and the jury saw that she was right.”

The county declined to comment on the verdict.

The jury found the county, Spitzer and former Chief Assistant Dist. Atty. Shawn Nelson liable for $3 million in damages, including $1.5 million for past emotional distress.

Late Thursday, the jury also ruled Spitzer would be liable for an additional $25,000 in punitive damages.

In a statement to The Times, Spitzer said he accepted “full responsibility for any and all actions which occur in my administration, including my own actions and the actions of my former Chief Assistant District Attorney Shawn Nelson.”

Spitzer, in the statement, made no mention of the allegations of retaliation or harassment made by Miller in the lawsuit but said he had “set a very high standard which I expected all my employees to meet, and Ms. Miller was overseeing extremely important assignments.”

“It is no secret that there was a lot of frustration on my part with her lack of performance in handling these very serious matters,” Spitzer said in the statement after the jury returned with their verdict. “I respect the jury’s decision, and I am heartbroken over the fact that any of my actions could have been interpreted as anything other than a good faith effort to clean up the public corruption in the Orange County District Attorney’s Office, and to create a work ethic that adheres to what Orange County residents demand of its District Attorney.”

Unlike criminal trials, civil trials in California do not require a unanimous verdict. In this civil case, juror decisions ranged from 12 to 0 to 9 to 3 for the various claims upheld against the defendants. The jury voted 10 to 2 to award punitive damages against Spitzer.

Miller accused Orange County, Spitzer and Nelson of retaliation and forcing Miller out after she objected to Spitzer’s actions while heading the office. Miller alleged she tried to protect female prosecutors from being retaliated against after they alleged they were sexually harassed by Gary LoGalbo, a former supervisor who was also friends with Spitzer.

Former and current prosecutors in the office described a “challenging” and “demanding” environment inside the prosecutors office, but some said they faced threats of being fired or demoted.

In her testimony, Miller said Spitzer and Nelson used “gender-based slurs,” disrespected her and undermined her authority in the office.

According to her suit, Miller alleged she had raised concerns that Spitzer had violated the Racial Justice Act by bringing up questions about race while determining whether to seek the death penalty against a Black defendant, and that Spitzer used race in case assignments.

Miller said in court that Spitzer, in retaliation, had threatened to fire her close friends in the office and dismantle programs she had spearheaded.

But much of the trial centered on what occurred shortly after several female prosecutors alleged they were sexually harassed by LoGalbo, a former police officer and the best man at Spitzer’s wedding.

When an internal county investigation confirmed the women were harassed, the report identified Miller and her testimony by describing her position and gender. Afterward, Miller testified, Spitzer targeted her and criticized her for writing notes during executive meetings.

“You could see anytime a subject came up, Tracy was taking notes about our meetings,” Spitzer testified. “There was a point of time where it was very curious to me, why do you seem to be memorializing everything we’re doing?”

Spitzer, who testified on multiple days during the trial, denied the accusations of harassment and retaliation. He acknowledged deep tensions within the office after he assumed the role in 2018 but attributed the opposition to employees who supported the previous district attorney, Tony Rackauckas.

“I knew it was going to be miserable, and it was miserable,” Spitzer said in testimony, at one point wiping away tears.

He said that was part of the reason he chose Nelson, now a county Superior Court judge, as chief assistant district attorney when he first took office.

“I picked him because I was going into battle, in the lions’ den,” Spitzer said.

But Miller testified Nelson’s actions also raised problems in the district attorney’s office after the allegations of sexual harassment were made. For example, prosecutors testified that during a sexual harassment training session for managers, Nelson stood up and said there were “no victims.”

On Thursday, one of the attorneys representing Miller urged jurors to seek punitive damages against Spitzer, arguing that the acts of retaliation and harassment against Miller were not isolated events.

“This wasn’t just a single incident,” he told jurors. “It wasn’t negligence. This was intentional. It was a long-term, long series of events.”

In his statement Thursday, Spitzer apologized while also criticizing Miller’s work performance during her time in the office.

“In hindsight, I realize that I was not as sensitive to the issues Ms. Miller was facing at the time as I should have been, and for that I am truly sorry,” the statement read.

Tracy Kennedy, an attorney representing the county, told jurors that there was no need to seek additional punitive damages against Spitzer, and that the $3 million sent a message to the district attorney about his behavior in office.

“He’s heard it, he understands,” she said. “He has been punished.”

The county still faces eight sexual harassment lawsuits involving allegations that were made against LoGalbo.

“It’s very important for the public to know what happened,” said Barnett, Miller’s attorney. “I was confident that our case was strong and we were right.”

Orange County Dist. Atty. Todd Spitzer appeared at a civil trial this week and denied claims he retaliated against a former executive and whistleblower who sought to protect female prosecutors who were sexually harassed in the D.A.’s office.

In a lawsuit filed against the county by former senior assistant Dist. Atty. Tracy Miller, at one point the highest-ranking woman in the prosecutors office, Spitzer and others are accused of retaliation and trying to force Miller out of her job after she questioned Spitzer’s actions as D.A. Those actions included his handling of allegations that a male superior, who was also the best man at Spitzer’s wedding, sexually harassed young female prosecutors.

Spitzer denied the accusations during hours of testimony that became at times tense and emotional. In a San Diego courtroom this week, Spitzer acknowledged deep tensions within the D.A.’s office following his 2018 election victory over former Orange County Dist. Atty. Tony Rackauckas.

Spitzer, who appeared to wipe away tears during his testimony, told jurors he believed he was walking “in the lions’ den” after winning the election and expected opposition from employees who had worked for Rackauckas.

“I knew it was going to be miserable, and it was miserable,” Spitzer said, his voice cracking.

In her lawsuit, Miller alleges that Spitzer and former chief assistant Dist. Atty. Shawn Nelson — who is now an Orange County Superior Court Judge — forced the prosecutor out through “purposeful and intentional retaliation.” The reason for this, Miller alleges, is that she was protecting female subordinates who had reported sexual misconduct by a male superior, Gary LoGalbo, who is now deceased.

“Miller was punished for refusing to allow Spitzer to lionize the predator, gaslight, and further savage the reputation of the victims,” her lawsuit says.

According to the suit, Miller had also raised concerns about Spitzer’s handling of the D.A.’s office, including worries that Spitzer had violated the Racial Justice Act by bringing up questions of race while trying to determine whether or not to seek the death penalty against a Black defendant. She also claimed that Spitzer considered a prosecutor’s race in assignments and that he had possibly undermined a homicide case.

But it was the allegations of sexual harassment against LoGalbo, a former friend and roommate of Spitzer’s, that plaintiff attorneys say most threatened Spitzer’s leadership and prompted him to target Miller.

“[Spitzer] knew that if this was believed, the (district attorney’s) office would suffer one of the worst scandals ever,” said John Barnett, an attorney representing Miller during his opening statement Monday. “He punished (Miller) for protecting one of her young prosecutors.”

Attorneys representing the county, as well as Spitzer and Nelson, argue that the men wanted Miller to stay in the prosecutor’s office and valued her experience, pointing out they promoted four women to top positions due to her recommendations.

Defense Attorney Tracey Kennedy argued during her opening statement Monday that even though LoGalbo had been friends with Spitzer years ago, the relationship had changed by the time the allegations were 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 said.

Instead, she said, Spitzer and Nelson had set out to make much needed reforms for the office.

“They had a mission to change the D.A.’s office,” she said.

The county investigation substantiated the sexual harassment allegations against LoGalbo, but an April 2021 report found that allegations of retaliation were unsubstantiated because no actions were taken against the employees.

Much of Spitzer’s time on the witness stand Tuesday centered on his role in the LoGalbo investigation, and what appeared to be differing versions of what occurred. At one point during questioning, Spitzer disclosed that the version of events he gave the county’s investigator during the internal probe — about a highly scrutinized private meeting with a supervisor — had been “inaccurate.”

Chris Duff, a former senior deputy district attorney, had told the county investigator that Spitzer met with him in the law library of a Westminster courthouse in January 2021 and instructed him to write up one of the sexual harassment victims in her upcoming evaluation for being “untruthful.” Duff said he refused to do so, according to a report of the internal investigation.

Spitzer initially denied discussing the evaluation during the meeting and told the investigator, Elisabeth Frater, that he “never said that” to Duff because he didn’t want anything “to be perceived in any way whatsoever that we were retaliating against her.”

But in court this week, Spitzer offered a different version of events.

“What I told Frater was inaccurate,” Spitzer said, adding that he did discuss concerns he had about the female prosecutor’s honesty regarding an email she wrote. “I did talk to Duff about that.”

But Spitzer maintained his concerns were about the prosecutor’s veracity, and not about the claims she had raised against LoGalbo.

After Duff met with Spitzer, Miller sent a note to Spitzer telling the district attorney she was aware of the conversation, and arguing against writing up the female prosecutor.

During his testimony, Spitzer said that he was disappointed with Miller, and that she had not gone directly to him with her concerns about various issues.

At one point, Spitzer said, he had grown to wonder why Miller would take notes during executive meetings.

“You could see anytime a subject came up, Tracy was taking notes about our meetings,” Spitzer said. “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 said he believed he was walking “in the lions’ den” and expected opposition from his direct reports. For that reason, he said, he chose Shawn Nelson to be his number two.

“I picked him because I was going into battle, in the lions’ den,” Spitzer said.

Miller’s lawsuit is just the latest in a series of troubles that have recently hit the district attorney’s office, including allegations of retaliation raised by top prosecutors and investigators in the office.

The county is also facing eight sexual harassment lawsuits involving allegations against LoGalbo.

In March, a now-retired investigator of the office also sent letters to the California attorney general, the U.S. Department of Justice, the State Bar of California, and other agencies to investigate Spitzer and other top officials at the prosecutor’s office.