Orange County District Attorney Todd Spitzer and Superior Court Judge Shawn Nelson could be facing a trial in San Diego next month over allegations they inappropriately cracked down on complaints of workplace harassment.
If the case moves forward with the jury trial scheduled for May 2, a jury will have to decide if Spitzer retaliated against multiple women in the county prosecutor’s office for reporting former senior assistant district attorney Gary LoGalbo for alleged sexual harassment.
Logalbo was promoted by Spitzer and was the best man at his wedding, but left the office in 2020 amidst an internal investigation from the county’s HR team that found he sexually harassed women in the office multiple times, earning him the nickname “Scary Gary.”
But after LoGalbo left, Spitzer and Nelson, who was his top deputy at the time, allegedly made moves to undermine the attorneys who brought forward complaints about him, according to lawsuits brought forward by eight different women.
Tracy Miller, who worked at the district attorney’s office for over 25 years and was one of the department’s highest ranking women, could be the first of the plaintiffs going to court against Spitzer after she filed the initial lawsuit nearly three years ago.
“After numerous instances of discrimination by Spitzer and his inner circle, the County has strategically chosen to allow the treatment of these courageous employees to continue and the victim shaming to run freely for all to witness,” Miller claimed in her suit.
[Read: High-Ranking OC Prosecutor Quits, Says DA Spitzer Jeopardized Mass Shooting Prosecution]
Miller’s attorney did not return requests for comment.
Spitzer and Nelson’s attorney did not return requests for comment.
Spitzer and Nelson filed a motion earlier this year for San Diego Superior Court Judge Katherine Bacal to rule on the case before a trial, but it was denied, with Bacal saying it would be up to a jury to decide if Spitzer’s actions were based on Miller’s gender or just a supervisor being hard on a subordinate.
“This is an issue to be determined by a trier of fact,” Bacal wrote, also tossing out Spitzer’s argument that he was immune to punitive damages for his actions because he’s an elected official.
The other women who sued supported many of Miller’s claims, saying that once LoGalbo was out, Spitzer and Nelson worked together to stamp out any ongoing complaints.
According to four of the lawsuits, Spitzer called LoGalbo’s victims “dishonest” and yelled at Miller, telling her to “take your little notes about me that end up in reports.”
One of the lawyers claimed Spitzer called them to “influence her testimony and intimidate her into not suing him.”
When Spitzer’s office has faced similar lawsuits in the past, they’ve often ended with a settlement behind closed doors before the case comes out in open court.
One of Spitzer’s former investigators, Damon Tucker, sued him, alleging he was fired for investigating allegations of corruption against Spitzer.
[Read: Could OC’s District Attorney Office Be Facing A Jury Trial Like Never Before?]
But just weeks before the case was set to go to trial, a settlement was reached.
While county supervisors voted behind closed doors last year to offer a settlement to the eight women suing Spitzer and Nelson, it does not appear that any accepted the deal.
Noah Biesiada is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at nbiesiada@voiceofoc.org.