District Attorney Todd Spitzer pleaded in court to not be fined $50,000 in June after a jury found he mistreated the most senior female prosecutor in his office, saying it would significantly impact his life.
“It’s going to change our life trajectory,” Spitzer said from the witness stand on June 5. “There’s a substantial chance I’ll have to work longer.”
After the jury ultimately levied a $25,000 fine, Spitzer went on a fundraising spree bringing in over $23,000 for his new legal defense fund by the end of that same month according to his fundraising disclosures.
It remains unclear what Spitzer will use the money for – as of the disclosure deadline, he hadn’t spent any of the money on attorneys fees or legal payments.
Spitzer did not return multiple requests for comment.
The fines come alongside a $3 million taxpayer payout to Tracy Miller, formerly the top woman prosecutor at the DA’s office who said Spitzer began belittling and mistreating her after she helped other female prosecutors report sexual harassment from Gary LoGalbo, the best man at Spitzer’s wedding.
[Read: OC Supervisors Don’t Answer Calls For Action Against DA For Harassment of Female Prosecutors]
During her deposition under oath during the trial, Miller shared how Spitzer told her to “baby-sit,” various projects, repeatedly screamed at her both in person and over the phone, and once asked her in the middle of a meeting what sized tampons she wears.
The jury sided with her in the civil trial, the first of half a dozen cases set to head to trial alleging that after LoGalbo was fired, Spitzer launched a retaliation campaign against the women who spoke up.
After the jury ruled against him, Spitzer issued a statement claiming that his treatment of Miller came because she was falling short of his expectations.
“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,” Spitzer wrote. “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.”
While the county is on the hook for a $3 million fine, Spitzer was ordered by the jury to pay $25,000 himself.
It’s unclear whether county supervisors will appeal the decision.
Who’s Funding Spitzer’s Legal Defense?
Most of the money Spitzer has raised for a legal defense fund has come from a handful of donors, who donated anywhere from $1,000 to $5,000 directly into the legal fund.
Public record disclosures only cover donations from January to June of this year, most of which came from individuals and small, Orange County-based companies including Santa Ana developer Mike Harrah and lawyer Todd Theodora.
To review that disclosure, click here.
Bill Taormina, a board member of Voice of OC, also donated $1,000 to the fund, saying he stood “110%” behind Spitzer.
“I heard of the situation he was facing and I called him,” Taormina said in a Monday interview. “I believe in him 100%, I believe he’s one of the greatest public servants in Orange County.”
The fund has faced questions since it opened, including from Jon Fleischman, former director of the California Republican Party.
“If you go out and raise money from other people to pay the fine, then you’re kind of potentially evading justice, which would be very ironic for the person whose job it is to make sure the justice system is working properly,” Fleischman said in an interview last month.
Spitzer also raised another $40,000 directly for his campaign account during that same time according to disclosures.
It’s unclear if Spitzer can use the money to pay for the $25,000 fee.
Legal defense funds like Spitzer’s “may not be used to pay or reimburse an officeholder or candidate for a penalty, judgement or settlement related to a claim of sexual assault, sexual abuse or sexual harassment filed in any civil, criminal or administrative proceeding,” according to guidelines published by the Fair Political Practices Commission.
But while the jury found Spitzer committed workplace harassment, there was no mention of sexual harassment in the final ruling.
To read the final ruling, click here.
While jurors marked on a checklist that Spitzer harassed Miller because she was a woman and that it was “severe and pervasive,” and with “malice, oppression, or fraud,” there was no mention of sexual misconduct.
A spokesperson for the commission did not return requests for comment to clarify whether the funds could be used.
Noah Biesiada is a Voice of OC reporter. Contact him at nbiesiada@voiceofoc.org.