Latest news with #RacialJusticeAct
Yahoo
5 days ago
- Yahoo
Orange County DA retaliated against top female prosecutor in office, civil jury finds
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 Thursday. "It took a lot of courage, and the jury saw that she was right." Read more: A blood feud rocks O.C. law enforcement with claims of 'dirty cop,' 'corrupt' D.A. The county declined to comment on the verdict and a request for comment from Spitzer's office was not immediately returned Thursday. The jury found the county, Spitzer and Nelson liable for $3 million in damages, including $1.5 million for past emotional distress. The jury hasn't yet reached a verdict on punitive damages and was expected to hear more arguments Thursday afternoon. Unlike criminal trials, civil trials in California do not require a unanimous verdict. In this civil case, juror decisions ranged from 12-0 to 9-3 for the various claims upheld against the defendants. The jury voted 10-2 to award punitive damages against 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 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 or not to seek the death penalty against a Black defendant, and that Spitzer used race in case assignments. Miller said in court that Spitzer had threatened to fire her close friends in the office, and dismantle programs she had spearheaded in retaliation. 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. He acknowledged deep tensions within the D.A.'s 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 why he chose Shawn 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, proseuctors testified that during a sexual harassment training session for managers, Nelson stood up and said there were "no victims." 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," Barnett said. "I was confident that our case was strong and we were right." Sign up for Essential California for news, features and recommendations from the L.A. Times and beyond in your inbox six days a week. This story originally appeared in Los Angeles Times.
Los Angeles Times
5 days ago
- Los Angeles Times
Orange County DA retaliated against top female prosecutor in office, civil jury finds
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 Thursday. 'It took a lot of courage, and the jury saw that she was right.' The county declined to comment on the verdict and a request for comment from Spitzer's office was not immediately returned Thursday. The jury found the county, Spitzer and Nelson liable for $3 million in damages, including $1.5 million for past emotional distress. The jury hasn't yet reached a verdict on punitive damages and was expected to hear more arguments Thursday afternoon. Unlike criminal trials, civil trials in California do not require a unanimous verdict. In this civil case, juror decisions ranged from 12-0 to 9-3 for the various claims upheld against the defendants. The jury voted 10-2 to award punitive damages against 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 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 or not to seek the death penalty against a Black defendant, and that Spitzer used race in case assignments. Miller said in court that Spitzer had threatened to fire her close friends in the office, and dismantle programs she had spearheaded in retaliation. 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. He acknowledged deep tensions within the D.A.'s 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 why he chose Shawn 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, proseuctors testified that during a sexual harassment training session for managers, Nelson stood up and said there were 'no victims.' 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,' Barnett said. 'I was confident that our case was strong and we were right.'
San Francisco Chronicle
28-05-2025
- San Francisco Chronicle
California man's 378-year sentence overturned after judge rules accuser may have made up charges
WOODLAND, Calif. (AP) — A Northern California man's 378-year sentence for sexual assault has been overturned by a judge who said there was strong evidence that his adopted daughter made up the accusations to punish him and improve her prospects of remaining in the U.S. Ajay Dev, 58, was released May 23 after 16 years in prison for 76 convictions of sexual assault on a minor and related charges, the San Francisco Chronicle reported Tuesday. Superior Court Judge Janene Beronio scheduled a hearing for June 13 for Yolo County District Attorney Jeff Reisig to decide whether to retry Dev. Prosecutors could also appeal the ruling. Reisig's office declined to comment on the case Wednesday. Dev, an immigrant from Nepal who worked as a water engineer, was visiting the South Asian nation with his wife in 1998 when they decided to adopt 15-year-old Sapna Dev, part of their extended family, and bring her to live with them in Davis, California. In early 2004, Sapna Dev's boyfriend broke up with her, and she accused Ajay Dev of causing the breakup, Beronio said in her ruling. Later she told police that Ajay Dev had had sex with her two or three times a week for three or four years until she moved out of his home, the judge said. Four witnesses who had not been contacted by Dev's trial lawyers testified at a recent hearing that Sapna Dev had told them that her accusations against him were lies or were motivated by her anger at him, the Chronicle reported. One of the witnesses said Sapna Dev told him she made the accusations because she 'was determined to return to the United States and needed to use the criminal charges to do that,' Beronio said. An attorney for Sapna Dev could not be located Wednesday. The judge's decision 'dismantles the DA's case," said Patricia Pursell, a member of advocacy group that has held demonstrations in support of Dev. 'We have known from the beginning that Ajay Dev was wrongfully convicted,' she told the Chronicle. "Judge Beronio was the first judge to really look closely at the evidence and read every document.' Jennifer Mouzis, who represented Ajay Dev in his appeal, filed a habeas corpus petition seeking to free him in 2018. Mouzis said much of the prosecution's evidence was based on racial and ethnic bias that would be illegal today under California's Racial Justice Act, a 2021 law barring testimony that appeals to prejudice.
28-05-2025
California man's 378-year sentence overturned after judge rules accuser may have made up charges
WOODLAND, Calif. -- A Northern California man's 378-year sentence for sexual assault has been overturned by a judge who said there was strong evidence that his adopted daughter made up the accusations to punish him and improve her prospects of remaining in the U.S. Ajay Dev, 58, was released May 23 after 16 years in prison for 76 convictions of sexual assault on a minor and related charges, the San Francisco Chronicle reported Tuesday. Superior Court Judge Janene Beronio scheduled a hearing for June 13 for Yolo County District Attorney Jeff Reisig to decide whether to retry Dev. Prosecutors could also appeal the ruling. Reisig's office declined to comment on the case. Dev, an immigrant from Nepal who worked as a water engineer, was visiting the South Asian nation with his wife in 1998 when they decided to adopt 15-year-old Sapna Dev, part of their extended family, and bring her to live with them in Davis, California. In early 2004, Sapna Dev's boyfriend broke up with her, and she accused Ajay Dev of causing the breakup, Beronio said in her ruling. Later she told police that Ajay Dev had had sex with her two or three times a week for three or four years until she moved out of his home, the judge said. Four witnesses who had not been contacted by Dev's trial lawyers testified at a recent hearing that Sapna Dev had told them that her accusations against him were lies or were motivated by her anger at him, the Chronicle reported. One of the witnesses said Sapna Dev told him she made the accusations because she 'was determined to return to the United States and needed to use the criminal charges to do that,' Beronio said. The judge's decision 'dismantles the DA's case," said Patricia Purcell, a member of advocacy group that has held demonstrations in support of Dev. 'We have known from the beginning that Ajay Dev was wrongfully convicted,' Purcell told the Chronicle. "Judge Beronio was the first judge to really look closely at the evidence and read every document.' Attorney Jennifer Mouzis, who represented Ajay Dev in his appeal, said much of the prosecution's evidence was based on racial and ethnic bias that would be illegal today under California's Racial Justice Act, a 2021 law barring testimony that appeals to prejudice.
New York Post
28-05-2025
- New York Post
Calif. man's 378-year sentence overturned after judge rules accuser may have made up charges
A Northern California man's 378-year sentence for sexual assault has been overturned by a judge who said there was strong evidence that his adopted daughter made up the accusations to punish him and improve her prospects of remaining in the U.S. Ajay Dev, 58, was released May 23 after 16 years in prison for 76 convictions of sexual assault on a minor and related charges, the San Francisco Chronicle reported Tuesday. Superior Court Judge Janene Beronio scheduled a hearing for June 13 for Yolo County District Attorney Jeff Reisig to decide whether to retry Dev. Prosecutors could also appeal the ruling. 3 Ajay Dev, 58, was released May 23 after 16 years in prison for 76 convictions of sexual assault on a minor and related charges. advocatesforajay / Facebook Reisig's office declined to comment on the case. Dev, an immigrant from Nepal who worked as a water engineer, was visiting the South Asian nation with his wife in 1998 when they decided to adopt 15-year-old Sapna Dev, part of their extended family, and bring her to live with them in Davis, California. In early 2004, Sapna Dev's boyfriend broke up with her, and she accused Ajay Dev of causing the breakup, Beronio said in her ruling. Later she told police that Ajay Dev had had sex with her two or three times a week for three or four years until she moved out of his home, the judge said. Four witnesses who had not been contacted by Dev's trial lawyers testified at a recent hearing that Sapna Dev had told them that her accusations against him were lies or were motivated by her anger at him, the Chronicle reported. One of the witnesses said Sapna Dev told him she made the accusations because she 'was determined to return to the United States and needed to use the criminal charges to do that,' Beronio said. 3 People participate in a protest for Ajay Dev in 2016. Sanjay Dev / Facebook 3 Four witnesses said that Sapna Dev had told them that her accusations against him were lies or were motivated by her anger at him. Sanjay Dev / Facebook The judge's decision 'dismantles the DA's case,' said Patricia Purcell, a member of advocacy group that has held demonstrations in support of Dev. 'We have known from the beginning that Ajay Dev was wrongfully convicted,' Purcell told the Chronicle. 'Judge Beronio was the first judge to really look closely at the evidence and read every document.' Attorney Jennifer Mouzis, who represented Ajay Dev in his appeal, said much of the prosecution's evidence was based on racial and ethnic bias that would be illegal today under California's Racial Justice Act, a 2021 law barring testimony that appeals to prejudice.
