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CBS News
07-06-2025
- Politics
- CBS News
Former Orange County prosecutor awarded $3 million in harassment lawsuit against DA Todd Spitzer
A former Orange County Assistant District Attorney was awarded $3 million by a San Diego jury this week after they found that she was forced to retire as a result of harassment from District Attorney Todd Spitzer and his assistant Shawn Nelson. Tracy Miller said that her time as the top female prosecutor working under the elected DA was tense and toxic. "There were days that I was terrified to go to work, especially after the report came out where I reported that Todd Spitzer was trying to fire a woman for merely reporting sexual harassment," Miller told CBS News Los Angeles. "I was scared to go. I thought I'd be fired any day." During a news conference on Friday, attorney John Barnett said that Miller was punished after she came forward with reports that a lower level DA's claim that a supervisor in the office named Gary LoGalbo was sexually harassing her. In the time since, more than a half dozen other women have filed related lawsuits against Orange County. "The people deserve better than the Orange County Board of Supervisors spending millions and millions and millions of taxpayer dollars defending this corrupt DA," Miller said. In response to the verdict, Spitzer shared a statement saying that he accepts full responsibility. In full, the statement said: "As the elected District Attorney, I accept 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. When I became District Attorney in 2019, I was intently focused on reversing the "win at all costs" mentality of the prior administration which involved violating the constitutional rights of defendants by cheating and failing to discover evidence to the defense. I kept the prior executive management team, including Tracy Miller, as at-will employees held over from the Rackauckas administration in an effort to maintain stability and unite the office moving forward. I set a very high standard which I expected all my employees to meet, and Ms. Miller was overseeing extremely important assignments, including opioid litigation, the Huntington Beach oil spill, real estate fraud lawsuits, and grappling with a gang reduction program for school children that was facing serious financial issues. 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. 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. 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." Miller said that she thinks the board of supervisors should hold Spitzer accountable. Supervisor Katrina Foley, who worked as an employee rights attorney, shared a quote after the verdict, which read in part, "I strongly support providing a safe, healthy and positive working environment for all of our County employees. … I take very seriously my legal duty as a County Supervisor to ensure our elected department heads comply with our Equal Employment Opportunity Policy." Nelson currently works as a Orange County Superior Judge and LoGalbo retired during the claims. He has since died.


Associated Press
06-06-2025
- Business
- Associated Press
Jury awards California prosecutor $3 million after she says she was forced out of her position
SAN DIEGO, Calif. (AP) — A jury in California on Thursday awarded more than $3 million in damages to a former Orange County prosecutor who alleged the county's district attorney targeted her and forced her out of her position after she tried to protect women in the office from retaliation for accusing a supervisor of sexual harassment. The verdict marks the end of a two-week trial in San Diego in which former district attorney supervisor Tracy Miller accused Orange County District Attorney Todd Spitzer and former Chief Assistant District Attorney Shawn Nelson of a laundry list of misconduct that she said the county did not reasonably respond to, the Orange County Register reported. 'She was thrilled the jury came back and recognized what happened to her,' said Miller's attorney Bijan Darvish. 'But also reliving everything brings back some of the emotional feelings she was feeling at the time.' The penalties awarded were for the former high-ranking prosecutor's future economic loss and emotional distress. Miller sued the county, Spitzer and Nelson after she said she was essentially forced to leave her position in 2021. Spitzer and Nelson have denied these claims, while their attorney said Miller was not demoted and didn't lose pay or job duties. Spitzer said in a statement that he respects the jury's decision but that when he became district attorney in 2019, he 'inherited an office in chaos' and did the best he could given the many overwhelming issues they were facing. '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,' he said. Miller accused Spitzer and Nelson of humiliating her, using 'gender-based slurs,' disrespecting her and undermining her authority. She said the situation became especially contentious after she cooperated with the investigator looking into sexual harassment allegations against then-district attorney supervisor Gary Logalbo in 2020. She accused Nelson of speaking badly about the women who spoke out. She also said Spitzer attempted to get one of the women written up for accusing Logalbo, who was the best man at Spitzer's wedding. Afterwards, Miller said Spitzer targeted her and criticized her for taking notes during executive meetings, according to the Los Angeles Times. Spitzer and Nelson have denied these claims. Logalbo, who died in 2021, was found to have harassed four female attorneys. The county, Spitzer and Nelson are liable for the $3 million in damages. Miller was also awarded $25,000 in punitive damages, less than the more than $300,000 requested by her attorney. Tracey Kennedy, an attorney for the county, Spitzer and Nelson had argued against punitive damages beyond the $3 million, saying the verdict was enough. 'A public verdict sends the message,' she said in court. When Spitzer became district attorney, federal authorities were investigating allegations that county officials illegally used prisoners to try to get incriminating information from defendants awaiting trial. County authorities have repeatedly denied the existence of such an operation. Miller, who had been a prosecutor for more than 20 years, was overseeing such important assignments as opioid litigation and the Huntington Beach oil spill, according to Spitzer. Darvish said in court on Thursday that Miller had long dreamed of being a prosecutor and in her position had opened the door for future generations of female prosecutors. 'It wasn't an accident, it wasn't negligence, it was intentional,' he said.