A day after retired high-ranking Orange County prosecutor Tracy Miller won $3 million in her sexual harassment whistleblower retaliation lawsuit against the county, District Attorney Todd Spitzer and his former top assistant, she called on Orange County supervisors to take action against the D.A.
When asked at a news conference at her attorney’s office in Laguna Beach Friday whether she wanted Spitzer to resign, Miller said, “I think the county supervisors should hold him accountable.”
The supervisors are expected to discuss the verdicts in the Miller trial in closed session Tuesday. They may also discuss merging the human resources director position in the District Attorney’s Office with the county’s human resources department, something Spitzer has resisted in the past.
Orange County Supervisor Don Wagner told City News Service, “We have taken some actions,” responding to Miller’s call for a response to the verdicts.
For instance, he pointed out, when prosecutors were promoted to management positions they lost some labor protections and became at-will employees, meaning they could be fired more easily. But now if a promoted prosecutor is fired in management they can accept a demotion to a non-management position, Wagner said.
“We tried to offer some HR help” to the District Attorney’s Office, Wagner said.
As for pushing Spitzer out of office, Wagner said the board lacks that authority.
“The truth is, as a county official, it’s up to the public to fire him,” Wagner said.
“I would also say I know Tracy, and the folks that sued him had problems with Todd’s management style but the job of a District Attorney is to keep the public safe, and I believe he has done that as well as can be done in a state like California when there’s so much stacked against law enforcement.”
Wagner said the county’s attorneys were directed to discuss settling the remaining lawsuits stemming from the harassment claims against former prosecutor Gary LoGalbo, who retired during the investigations and later died.
“I’m optimistic that things will work out,” Wagner said of settlement talks. “Those remain our employees and we don’t like to be in a position of litigation against our own employees. We really do respect these employees and that’s something the board would like to see go away.”
Miller disagreed that county officials have done anything in response to how Spitzer has managed his office.
“The county so far has done nothing to protect me or these women,” Miller said. “They can sanction him … I think they should do something.”
Attorney Carly Nese, who represents two of the LoGalbo accusers, said she has not heard from county attorneys on settlements.
“I’ve heard nothing from the county,” she said.
There are five women who have sued the county who are awaiting trial. Two of the suits have been resolved and one man, who has alleged racial harassment, has sued as well.
Miller sued Orange County, Spitzer and Shawn Nelson in a whistleblower retaliation and harassment lawsuit after she retired following 25 years in the office. The jury awarded Miller $3 million in economic damages and later awarded her $25,000 in punitive damages from Spitzer, which he will pay out of pocket. The jury found that Nelson did not act with malice.
The jury also found that the county failed to stop the harassment.
“This was a big victory for Tracy and the others who suffered in that office,” Miller’s attorney, John Barnett, told reporters.
Miller singled out Orange County Superior Court Judge Chris Duff in particular for his testimony in the trial. Duff testified that when he was a prosecutor Spitzer directed him to write up one of the LoGalbo accusers for being untruthful, prompting him to report that to Miller, his supervisor at the time, and human resources officials because he felt it was potentially illegal.
Miller said she has received “hundreds and hundreds” of text messages from District Attorney employees since Thursday’s verdicts.
“They’re not alone anymore” is the general theme of the employees who fear retaliation for speaking out, Miller said.
“I was forced out of a job I loved — a job I wanted since I was a kid,” Miller said.
She testified during her trial that when she was 12, she would set up games of prosecutor with her siblings.
Miller told City News Service that county officials should settle the remaining lawsuits.
“I think it would be wise for them to listen to the victims,” Miller said. “And how no one protected them but me and Chris Duff.”
County officials had negotiated a $5 million settlement for the LoGalbo cases, but it was rejected by county supervisors with some feeling the price was too high.
Barnett said his firm’s legal fees, which the county would have to pay, could exceed $1 million. It’s unclear how much the county has paid its attorneys to defend the Miller case.
“They will pay for the circus they started and demanded,” Barnett said.
Miller’s other attorney, Bijan Darvish, said a key moment in the trial was when Spitzer returned to testimony prior to closing arguments. He grew angry and shouted, Darvish said.
“He got angry on the stand. He was yelling,” Darvish said. “The judge had to admonish him. I told the jury they got a small glimpse of what Tracy dealt with for years.”
Another key piece of evidence was a letter retired prosecutor Beth Costello wrote after Spitzer showed videos of her in an executive committee meeting of prosecutors from her private social media account showing her in a pole-dancing fitness class. That letter was used to impeach Costello, who testified she had a rapprochement with Spitzer and believed now that he has a “big heart.”