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Jury Awards $3 Million to Former Orange County Prosecutor After Harassment Finding

It highlights systemic failures to protect whistleblowers in the district attorney’s office.

OCDA Todd Spitzer holds a quick reference guide of voting provisions during a press conference and tour of the Orange County Registrar of Voters in Santa Ana, CA on Monday, Feb. 26, 2024. (Photo by Paul Bersebach, Orange County Register/SCNG)

Overview

  • A San Diego jury found DA Todd Spitzer and former second-in-command Shawn Nelson liable for creating a hostile work environment that forced veteran prosecutor Tracy Miller to retire.
  • Miller received $1 million for future economic losses and $2 million for emotional distress, with jurors scheduled to assess additional punitive damages against Spitzer.
  • The verdict determined that Orange County failed to take adequate steps to address reported harassment and retaliation within its district attorney’s office.
  • The civil trial was moved to San Diego Superior Court to avoid conflicts of interest among judges who had worked with Shawn Nelson in Orange County.
  • Testimony described gender-based slurs, attempts to penalize a harassment accuser, and racially insensitive comments by Spitzer during high-profile case discussions.