This is a bitter quarrel as which is rarely seen in the circles for the application of the law – or at least those who were pulling in the public.
For more than seven years, the best prosecutor in the county of Orange and an old decorated cop have been locked in an acrimonious dispute which shows little slowdown. The two parties accused the other of fractured ethics and corruption, and even an independent arbiter compared the situation to a shuddering cauldron.
Damon Tucker, a former supervision investigator of the county, allegedly allegedly allegedly alleged potential proofs of money laundering, terrorist threats and extortion by his County of Orange, of the County of Orange. Atty. Todd Spitzer. Tucker claims in his trial that Spitzer and others canceled the investigation, then pulled the investigator as an act of reprisals, leaving him humiliated and avoided by the police.
Spitzer publicly called Tucker a “dirty cop” and accused him of working with his opponents – including the former County of Orange Dist. Atty. Tony Rackauckas – To launch an investigation to hurt him politically. Tucker’s behavior, says Spitzer, was a “shame of the badge”.
Now, in another escalation of this Drama of Orange County, Tucker called the California Attorney General, the United States Ministry of Justice, the California bar and other agencies to investigate Spitzer; The OCDA Investigation Office, Paul Walters, Paul Walters; and the former deputy chief dist. Atty. Shawn Nelson, who is now a judge of the Orange County Superior Court.
“These allegations must be fully investigated,” Tucker wrote in a letter to these agencies. “The fact of not investigating these men throws a shadow on our justice system.”
Tucker’s call for an investigation into events dating from almost a decade comes when the district prosecutor’s office is already facing a meticulous examination of his employee treatment. Spitzer and Nelson face a potential civil trial next week for accusations that they retaliated against employees who say they have been sexually harassed by the former main assistant DIST. Atty. Gary Logalbo, a friend of Spitzer, who has now died.
Spitzer and Walters refused to discuss Tucker’s charges with Times. Nelson, through a court spokesperson, also refused, saying that the judges were prohibited by ethical rules to discuss cases before the court or in the media.
The California’s prosecutor’s office confirmed that he was examining Tucker’s complaint, but would not comment more. The State Bar also began an examination of allegations and asked for more information and documentation, according to a letter examined by the Times. A spokesperson for the State Bar refused to comment or confirm whether a complaint has been received, adding that disciplinary surveys are confidential.
The United States Ministry of Justice would not comment or confirm that it had received the letter. Tucker said he also sent a letter to the California commission on legal performance. The commission also refused to comment.
A veteran investigator for almost 30 years, Tucker was dismissed from the DA office in December 2020 for allegations that he had launched a unilateral survey on Spitzer shortly after entering.
Tucker continued the county – alleging that he had been dismissed and retaliated against having discovered corruption – and in 2022, he won his work, as well as lost wages. Last year, he obtained a regulation of $ 2 million outside the county court, according to Tucker’s lawyer.
Kimberly Edds, spokesperson for the District Prosecutor’s Office, said that a non-negotiation agreement signed by Tucker and Spitzer in the context of the regulation prevented the office from commenting.
The accusations of Tucker date from an investigation which was launched in October 2016, when another investigator of the district prosecutor, Tom Conklin, was responsible for helping the Fair Political Practices Commission to examine the allegations of irregularities in the financing of the campaign by Spitzer, which was at the time a supervisor of the County of Orange, but envisaged a race for a district prosecutor.
In his recent letter to several agencies, as well as in his trial, Tucker alleges that the survey on Spitzer has remained unfinished and, even if he and another investigator at some point suggested that he should be transmitted to the FBI or the attorney general of the State, the investigation has never been referred to an outdoor agency.
One year after the 2016 survey start, Conklin’s report was disclosed in the Orange County register, and the newspaper reported that Conklin had not been able to corroborate allegations.
The leak arrived at a key moment for Spitzer, who had just announced his campaign for the district prosecutor. At the time, He said in the register The investigation had been politically motivated by his political rival, Rackauckas, and that nothing had been found. At the time, a spokesperson for Rackauckas confirmed the investigation but refused to comment on the allegations.
The flight sparked an internal investigation at the District Prosecutor’s Office and, when the investigator retired, Tucker was ordered to finish the case.
Tucker was responsible for discovering who disclosed the report, but after examining the case, Tucker concluded that Conklin’s investigation was incomplete.
At least 10 witnesses identified in the case have never been questioned, and several avenues had not been followed, according to a summary of investigation written by Tucker, and awarded to a main assistant prosecutor he consulted in the case.
During his investigation, Tucker contacted superiors and colleagues from the District Prosecutor’s Office and said that allegations against Spitzer were to be sent to an outdoor agency, such as the FBI, for an impartial exam.
Tucker said that when he continued to investigate and prepared to send the case to an outdoor agency, things have suddenly changed.
The day after the district prosecutor’s election in 2018, Tucker said that Walters had ordered him to stop digging in the accusations and deleting any mention of the name Spitzer questions in his investigation, according to a summary of investigation and oath depositions, brought in Tucker’s trial against the county. Two days later, Tucker was withdrawn from the case.
In an oathful deposit, Walters confirmed that he had ordered Tucker to delete questions on Spitzer from his investigation the day Spitzer became the elected district prosecutor.
“This is where I have to say to Tucker:” You cannot ask all these questions about Spitzer “, tested Walters.” This is not the case. And I make it explain all that. “
Tucker argues that until the election, Walters supported his investigation.
“I was doing the right thing,” Tucker told Times. “It should have been sent.” Walters refused to respond at the time on this accusation.
However, a spokesperson for the District Prosecutor’s Office said it was Tucker who refused to put the investigation.
“He had the opportunity and refused to do so,” said Edds, spokesperson for D.A’.s. “We have offered him the opportunity on several occasions.”
Tucker disputes this assertion.
Spitzer characterized Tucker’s investigation as a political motivation and underlined in the deposits under oath that Tucker had donated to his opponent, Rackauckas, and was a friend with the chief of staff of Rackauckas, Susan Kang.
According to the county archives, Tucker made a donation of $ 2,000 to the Rackauckas campaign in August 2018, after being responsible for investigating the flight.
Tucker had also criticized Spitzer during the campaign in several Facebook publications, before and after returning to the case.
“I think they sent it for this fishing expedition to get me something after the primary elections in 2018,” said Spitzer in a deposition. “He investigates me while he makes a major contribution to my opponent? It is not objective.”
California Daily Newspapers
