San Diego trial begins in retired prosecutor’s lawsuit against Orange County

A retired high-ranking Orange County prosecutor was retaliated against and essentially forced into retirement by District Attorney Todd Spitzer for her whistleblower efforts in a sexual harassment case, her attorney contended Monday, but a lawyer for Spitzer and the county said the D.A. had no idea the plaintiff was going to leave her job, nor did he want her to leave.

Opening statements and witness testimony began Monday in the trial stemming from a lawsuit filed by Tracy Miller, a 25-year veteran of the office, including three years as a senior assistant district attorney when she left. The trial is being held in San Diego due to the involvement of two Orange County Superior Court judges in the litigation.

Miller alleged in her lawsuit that Spitzer forced her to retire by “creating a hostile work environment” after she attempted to protect younger prosecutors in the office who had reported being sexually harassed by another prosecutor, Gary LoGalbo. LoGalbo, who was best man at Spitzer’s wedding, died before lawsuits over the alleged harassment went to trial…

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