SAN DIEGO — A jury in California on Thursday awarded more than $3 million in damages to a former Orange County prosecutor who alleged the county’s district attorney targeted her and forced her out of her position after she tried to protect women in the office from retaliation for accusing a supervisor of sexual harassment.
The verdict marks the end of a two-week trial in San Diego in which former district attorney supervisor Tracy Miller accused Orange County District Attorney Todd Spitzer and former Chief Assistant District Attorney Shawn Nelson of a laundry list of misconduct that she said the county did not reasonably respond to, the Orange County Register reported.
“She was thrilled the jury came back and recognized what happened to her,” said Miller’s attorney Bijan Darvish. “But also reliving everything brings back some of the emotional feelings she was feeling at the time.”
The penalties awarded were for the former high-ranking prosecutor’s future economic loss and emotional distress.
Miller sued the county, Spitzer and Nelson after she said she was essentially forced to leave her position in 2021. Spitzer and Nelson have denied these claims, while their attorney said Miller was not demoted and didn’t lose pay or job duties.
Spitzer said in a statement that he respects the jury’s decision but that when he became district attorney in 2019, he “inherited an office in chaos” and did the best he could given the many overwhelming issues they were facing.
“I am heartbroken over the fact that any of my actions could have been interpreted as anything other than a good faith effort to clean up the public corruption in the Orange County District Attorney’s Office and to create a work ethic that adheres to what Orange County residents demand of its District Attorney,” he said.
Miller accused Spitzer and Nelson of humiliating her, using “gender-based slurs,” disrespecting her and undermining her authority.
She said the situation became especially contentious after she cooperated with the investigator looking into sexual harassment allegations against then-district attorney supervisor Gary Logalbo in 2020. She accused Nelson of speaking badly about the women who spoke out. She also said Spitzer attempted to get one of the women written up for accusing Logalbo, who was the best man at Spitzer’s wedding.
Afterwards, Miller said Spitzer targeted her and criticized her for taking notes during executive meetings, according to the Los Angeles Times.
Spitzer and Nelson have denied these claims.
Logalbo, who died in 2021, was found to have harassed four female attorneys.
The county, Spitzer and Nelson are liable for the $3 million in damages.
Miller was also awarded $25,000 in punitive damages, less than the more than $300,000 requested by her attorney.
Tracey Kennedy, an attorney for the county, Spitzer and Nelson had argued against punitive damages beyond the $3 million, saying the verdict was enough.
“A public verdict sends the message,” she said in court.
Darvish said in court on Thursday that Miller had long dreamed of being a prosecutor and had had that position taken from her. He also said that she had opened the door for future generations of female prosecutors.
“It wasn’t an accident. It wasn’t negligence. It was intentional,” he said.
When Spitzer became district attorney, federal authorities were investigating allegations that county officials illegally used prisoners to try to get incriminating information from defendants awaiting trial. County authorities have repeatedly denied the existence of such an operation.
Miller, who had been a prosecutor for more than 20 years, was overseeing such important assignments as opioid litigation and the Huntington Beach oil spill, according to Spitzer.