A tense moment in the courtroom, illustrating the serious nature of a civil trial involving workplace retaliation allegations.
Orange County District Attorney Todd Spitzer is facing a civil trial initiated by former Senior Assistant District Attorney Tracy Miller, who claims she was retaliated against for protecting female subordinates from sexual harassment. The allegations center around Spitzer and a deceased male superior’s behavior. The trial highlights broader issues within the D.A.’s office, including concerns about racial bias in case management. As legal challenges unfold, the outcome could impact Spitzer’s leadership and the handling of harassment allegations.
Santa Ana, California – Orange County District Attorney Todd Spitzer is facing a civil trial concerning allegations of retaliation brought by former Senior Assistant District Attorney Tracy Miller. Miller, acknowledged as the highest-ranking woman in the District Attorney’s office, contends that she was forced out after making efforts to protect female subordinates from sexual harassment.
The harassment in question was reportedly committed by Gary LoGalbo, a deceased male superior who had a personal relationship with Spitzer, having served as his best man during his wedding. Miller’s lawsuit accuses Spitzer and former Chief Assistant District Attorney Shawn Nelson of directing intentional retaliation against her, claiming she was penalized for her refusal to allow Spitzer to celebrate LoGalbo, whom she described as a “predator,” thereby undermining the victims involved.
During recent testimony in a San Diego courtroom, Spitzer categorically denied the allegations against him. He acknowledged existing tension within the District Attorney’s office following his election victory over former D.A. Tony Rackauckas in 2018, comparing his experience to “walking in the lions’ den.” He further described his working environment as “miserable.”
The lawsuit addresses several broader issues within the D.A.’s office, with Miller also bringing attention to Spitzer’s management of cases, particularly regarding concerns over racial bias in capital murder proceedings. She alleges that Spitzer’s actions violated the Racial Justice Act and that he undermined a homicide case by considering the race of a prosecutor in assigning cases.
During the trial, Spitzer admitted to some inaccuracies in previous statements made to investigators. Additionally, Miller has suggested that Spitzer may have deliberated on adjusting an evaluation to discredit a female victim of harassment. While initially denying any such discussion, Spitzer later acknowledged having concerns about the integrity of a female prosecutor related to an email.
Spitzer expressed his disappointment towards Miller for not directly addressing her concerns with him, which he believes could have clarified misunderstandings. In contrast, defense attorneys representing Spitzer argued that he had greatly valued Miller’s expertise, highlighting that her recommendations led to promotions for women within the office.
This trial is occurring amidst a backdrop of multiple sexual harassment lawsuits linked to the D.A.’s office, coupled with allegations of retaliation involving other prosecutors. An investigation conducted in April 2021 validated the harassment claims against LoGalbo, yet found Miller’s retaliation allegations against Spitzer to be unsubstantiated.
As these legal challenges unfold, Miller’s lawsuit represents just one of several pressing issues currently plaguing the District Attorney’s office, which is under increased scrutiny. The outcomes of this trial could have significant implications for Spitzer’s leadership and the future atmosphere within the office, particularly surrounding how allegations of harassment and retaliation are managed and addressed moving forward.
Santa Ana District Attorney Faces Misconduct Allegations
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