by Vanguard Staff
SAN DIEGO, CA – As the high-stakes civil trial against Orange County District Attorney Todd Spitzer, Superior Court Judge Shawn Nelson, and the County of Orange unfolds, fresh testimony has intensified public scrutiny. On Wednesday, DA Human Resources Director Matt Pettit took the stand and offered stark, unrefuted testimony about the internal chaos that followed sexual harassment allegations within the DA’s office—and the disturbing responses by both Spitzer and Nelson.
The trial, which has already spotlighted allegations of racial bias, prosecutorial misconduct, and workplace retaliation, grew even more explosive with Pettit’s revelations. His testimony confirmed early knowledge among top officials about multiple victims of harassment and detailed troubling conduct that may constitute retaliation, indifference, and efforts to shield the perpetrator.
Pettit, a relatively new hire at the time the harassment complaints began surfacing, told jurors that he raised the alarm directly with Spitzer after three women came forward with serious allegations against DA supervisor Gary Logalbo, a longtime associate of Spitzer. Pettit recalled informing Spitzer that this was “serious sexual harassment.” A fourth victim emerged shortly afterward.
Instead of launching a meaningful response, Pettit testified, Nelson suggested the only remedy should be sexual harassment training for Logalbo—a move Pettit characterized as shortsighted. Things only got worse. During a subsequent all-staff harassment training ordered by the County—attended by at least one of the victims—Judge Nelson stated in front of everyone that there were “no real victims” in the room. Pettit recalled sharing a look of disbelief with the County’s Equal Employment Opportunity director, who visibly rolled her eyes. Still, no one corrected Nelson’s dismissive remarks. Pettit emphasized that Nelson is a calculated speaker who chooses his words carefully, suggesting that the statement was not a casual misstep.
One of the most damning revelations emerged during Pettit’s account of an email from one of the victims, expressing fear of retaliation and concern that Spitzer was deciding the credibility of her and the other women’s allegations. The email read in part, “Does Todd get to decide if people are being completely truthful about the things Gary said or did? If so, I honestly feel like my career is in jeopardy.” Pettit confirmed that Spitzer read the email in his presence. That directly contradicts Spitzer’s earlier testimony on Monday, in which he denied reading it before his deposition. Pettit’s recollection could prove pivotal in establishing Spitzer’s awareness—and possible mishandling—of the complaints.
Pettit was also questioned about events surrounding the plaintiff’s resignation. According to Pettit, after the plaintiff gave notice, Spitzer instructed him to clear out her office to make room for an incoming senior DA. But as Pettit testified, there was no such promotion in the works. As HR director, Pettit explicitly warned both Spitzer and Nelson against removing the plaintiff from her office before her last day, citing potential retaliation concerns. They ignored the advice. The plaintiff was moved out of her office prematurely and forced to finish her employment from a conference room—a public and humiliating demotion widely seen as retaliatory. Neither Spitzer nor Nelson offered any rebuttal to Pettit’s account from the stand.
The trial, which is being held in San Diego due to conflicts of interest in Orange County, is expected to intensify further next week. Former prosecutor and current Orange County Judge Christopher Duff is slated to testify Tuesday. Duff, a former supervisor of the first known harassment victim, is expected to speak about the office’s internal efforts to protect victims and the alleged stonewalling by senior officials. After Duff, former Senior Assistant DA Tracy Miller will testify. Miller, the highest-ranking woman in the DA’s office at the time, is the central plaintiff in this lawsuit.
Miller alleges that she was targeted, marginalized, and ultimately pushed out for trying to protect victims and opposing what she described as a campaign to “lionize the predator, gaslight, and further savage the reputations of the victims.” In opening statements, her attorney John Barnett argued that the retaliation escalated over time—from gender-based slurs to the dismantling of Miller’s programs and stripping her authority—ultimately forcing her to resign after 25 years of service.
Spitzer and Nelson’s defense has focused on denying any coordinated plan to remove Miller, with defense attorney Tracey Kennedy stating that neither official had any reason to retaliate. But their defense is growing increasingly shaky in light of the unchallenged testimony from Pettit, which paints a picture of deliberate inaction, dismissiveness, and retaliation against those who tried to challenge misconduct.
This trial is not only about individual misconduct; it raises larger questions about accountability within the Orange County District Attorney’s Office and the Superior Court. Logalbo, the man at the center of the original harassment allegations, left the office and died in 2021, but the fallout from the way the case was handled continues to reverberate.
Compounding Spitzer’s troubles are previous controversies regarding his alleged mishandling of two high-profile murder cases. In one, Spitzer allegedly made racially charged comments about a Black defendant that led to a Racial Justice Act violation. In another, he was accused of improper contact with the father of a mass shooting victim during an active investigation. These allegations form part of Miller’s broader claim that she was retaliated against for questioning Spitzer’s judgment and ethics.
With former employees expected to testify next week, and Spitzer’s credibility already called into question by Pettit’s damning testimony, the trial is fast becoming a referendum on the culture of leadership at the highest levels of Orange County’s justice system.
The trial resumes Monday at the Central Hall of Justice at 330 W. Broadway in San Diego, Courtroom C-63. Proceedings are not available for livestream or virtual viewing; media and public must attend in person. Spitzer, Nelson, and key witnesses are all expected to be present throughout the trial.
