On Thursday, a San Diego County ju judge discovered that a former high-class Orange County prosecutor was forced to retire after harassment from district attorney Todd Spitzer and his top assistant, Sean Nelson (now a Superior Court judge).
Tracy Miller sued Orange County, Spitzer and Nelson in a whistleblower retaliation and harassment lawsuit after retiring in the office 25 years later. Ju-deal awarded Miller $3 million in financial damages.
He awarded Miller $25,000 in punitive damages from Spitzer. The ju apprentice discovered that Nelson did not act maliciously.
Ju-dean also found that the county had not stopped harassing.
Miller’s lawyers claimed $330,000 in punitive damages from Spitzer. Miller’s lawyer, Bijan Darvish, said he reached about 10% of Spitzer’s salary over the past eight years.
Spitzer testified Thursday afternoon that he was unfamiliar with the details of the economic situation as his wife dealt with the family’s finances.
“I sometimes look at my credit card bill,” he said.
He patted his eyes as personal damages testified that “it took a huge blow to everything we have worked for the rest of our lives.”
Spitzer, who turned 65 in November, said he had two years left in his term and suggested he would not run for reelection.
When asked when he was due to retire, he said, “Potentially over the next two years – perhaps pretty strong over the next two years.”
Spitzer said the punitive damages award was “initiated to change the trajectory of our lives.”
He added, “We have to work longer. Our daughter had planned to transfer to college. I couldn’t calculate it, but I’m sure I’ll have to work longer than I am now.”
Spitzer confirmed on mutual review that his family owns three properties. He said that because of his career in public office as a lawmaker, he belongs to three separate pension schemes with various formulas.
Darvish pleaded to “send a message” with punitive damages that would stop this type of misconduct. It will prevent harassment of witnesses who have testified. ”
County’s representative, Attorney Tracy Kennedy, said the verdict had already sent a message.
“His punishment is a verdict,” Kennedy said.
“His career as a DA is short-lived,” Kennedy said. “At best a few years… a message has been set up. He understands this.”
Kennedy argued that punitive damages should be “no,” but if the ju judge wanted a dollar figure that offered “$50,000 at best.”
“I have never seen a second of regret from Mr. Spitzer,” replied Darvish.
The case was moved to San Diego County because of Spitzer’s position as Orange County’s top prosecutor and Nelson’s position on the Orange County bench. Another important witness in the trial was some of the evidence involving Orange County Superior Court Judge Chris Duff and Orange County Superior Court Judge Ebrahim Beitier.
Seven of the verdicts were unanimous, nine were 11-1, five were 10-2, and two were 9-3 with questions of harassment and retaliation. In terms of damages, most votes were 9-3.
Miller had reached the highest level executive as a senior assistant district attorney for about three years before she left the office.
She alleged in the lawsuit that Spitzer and Nelson forced them to retire by creating a hostile work environment after moving to protect a young prosecutor in the office who reported being sexually harassed by another deceased prosecutor, Gary Rogarbo, the best man at Spitzer’s wedding, who retired during a harassment investigation and was later, and who was forced to retire by another deceased prosecutor, Gary Rogarbo.
Dervish denounced Nelson in the closing discussion on Tuesday, falsely testifying that Miller was the liar who constituted her allegations.
When Miller complained about Nelson, Spitzer did nothing about it, Darvish insisted.
Darvish pointed to testimony from retired prosecutor Beth Costello. He admitted that he wrote a poignant letter about Spitzer showing a video of a private social media page engaged in “Paul Fitness” at a meeting of top executives after Spitzer took office.
“He showed a video of dance instructor Beth Costello as pole dancing during exercise and a big screen of her exercise class executive meeting,” Miller testified at the trial.
Spitzer pointed out that Costello could be fired and that poledance was a “inappropriate” behavior that was not bothered by prosecutors, Miller testified.
Miller told Spitzer what he did was inappropriate, urging Spitzer to show more clips of her pole dancing, telling him, “This behavior is not used to DA, and he wants to think about her position.”
However, Costello testified that she had made a settlement with Spitzer after he was elected, saying he felt he had a “big heart” now.
“Beth Costello was another of his victims, so that’s why she wrote that letter,” Darvish insisted. “And he did not object to a single fact… he did not object to harassing Beth Costello.”
Darvish also said Spitzer and Nelson would call him a “babysitter” and “babysitter” for the new prosecutors at the branch court.
“They say they are female babysits and men in control,” Darvish said.
Darvish pointed to the testimony of Assistant District Attorney Susan Price, who discovered that he was disrespected as “incredibly offensive.”
However, Price testified that she didn’t think it was a sexist comment because her sons were babysitters, but she felt that she was offensive.
Darvish also noted how Miller was told he was not allowed to speak without permission in an executive meeting with other top prosecutors.
She also sent it to everyone in the office when a county employed lawyer issued a report on allegations of sexual harassment against Rogarbo.
“There’s only one reason to send it — to continue harassing the victim,” Darvish insisted.
A follow-up report from an outside lawyer concluded that Spitzer violated the county’s policy by sending the documents.
Darvish accused Spitzer of threatening to remove Miller as the head of an anti-Gang program she founded or reduced it. “It was done to drive Tracy out,” Darvish insisted.
One of Miller’s friends in the office testified that she appears to be “unhealthy and upset” from the stress, Darvish claimed.
Kennedy argued that employees like Miller were “free” workers. This means that whenever Spitzer took office, he could have been fired. But instead of firing her, Kennedy said she was promoted.
Spitzer never disciplined Miller, Kennedy insisted. She said there was no document that Spitzer and Nelson wanted to remove the mirror.
Kennedy also downplayed Miller’s role in supporting prosecutor Clarice Magtoto when he reported allegations of harassment against Rogarbo.
Orange County Superior Court Judge Chris Duff was administered as a prosecutor when Spitzer asked him to write down Magtoto that it was not true, Duff testified. Duff, who was later elected judge, said he resisted the order because he was advised by county talent officials and felt it could be illegal.
No one asked why Spitzer was worried about her integrity, Kennedy insisted.
Kennedy claimed that Duff and Miller “jumped to conclusion.”
“There has to be something happen before you can sue,” Kennedy insisted.
Kennedy denied that Spitzer had moved to cut anti-gang programs to punish Miller. She said they have funding for the program.
“There is no evidence that he took any steps to dismantle it,” Kennedy said.
“Nothing happened to her,” Kennedy insisted.
Miller “didn’t like Todd or Shaun from the start,” Kennedy said. “It was a change in security guards,” he said.
Darvish in his counterargument, claimed that Duff opposed and that the defense ignored it.
“No one asked why Spitzer was mad at Magtoto.
Whenever Spitzer got a bad headline, “He denounced Tracy Miller… he denounced everyone else,” Darvish insisted.
“Even he was held responsible,” the judge found Spitzer violated the racial justice law when he contemplated the death penalty in one case, Darvish argued.
Spitzer was also upset with Miller for blowing the whistle in his encounter with Spitzer with the father of the victim of a massive shooting in Orange, which he was facing his own criminal case, Darvish claimed. Spitzer was criticized for suggesting the defendant’s generosity.
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