compendium of evidence - ocdistrictattorney.com · compendium of evidence in support of petition...
TRANSCRIPT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-
Compendium of Evidence in Support of petition for Writ of Mandate
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985 [email protected] Attorney for Petitioner Collene Campbell
Superior Court of the State of California
County of Orange
Collene Campbell, Petitioner,
vs. Neal Kelley, in his official capacity as Registrar of Voters for Orange County; and DOES 1 through 25, inclusive, Respondents;
Case No.: 30-2018-00980446-CU-WM-CJC Assigned for All Purposes to: Hon. Robert J. Moss, Dept. C-14 Compendium of Evidence in Support of Petition for Writ of Mandate Action Filed: Mar. 19, 2018 Ex Parte Hearing:
Date: Mar. 22, 2018 Time: 8:30 a..m. Dept.: C-14 Judge: Hon. Robert J. Moss
Todd Spitzer, Real Party in Interest.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Compendium of Evidence in Support of petition for Writ of Mandate
Petitioner Collene Campbell submits the following evidence in Support of her Petition for
Writ of Mandate.
DECLARATIONS
No. Declaration 1 Declaration of Chad D. Morgan (Petitioner’s counsel)
2 Declaration of Andy Hong (Former President, Dr. Henry T. Nicholas III Foundation, sponsor of Marsy’s Law)
3 Declaration of Steve Twist (Co-Author of Marsy’s Law) 4 Declaration of Doug Beloof (Co-Author of Marsy’s Law) 5 Declaration of Marc Roezenberg (Former Orange County Deputy DA)
6 Declaration of Susan Schroeder (Chief of Staff, Orange County District Attorney)
LETTERED EXHIBITS
No. Description Authentication
A Trial statistics from Orange County District Attorney’s Office
Twist Decl. ¶ 7
B Orange County Register Column about Spitzer’s 2008 loss.
Schroeder Decl. ¶ 14
C Voter registration record for Petitioner Collene Campbell.
Morgan Decl. ¶ 8
D Fast Facts page from Todd Spitzer’s website Morgan Decl. ¶ 9 E Meet Todd Spitzer page from Todd Spitzer’s website Morgan Decl. ¶ 9
F Todd Sptizer’s Priorities page from Todd Spitzer’s website
Morgan Decl. ¶ 9
G Andy Hong letter distributed at Todd Spitzer speaking engagement
Schroeder Decl. ¶ 17
DATE: March 21, 2018 Respectfully Submitted, Law Office of Chad D. Morgan
BBy:
/s/
Chad D. Morgan Esq. Attorney for Petitioner Collene Campbell
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-
Declaration of Chad D. Morgan
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985 [email protected] Attorney for Petitioner Collene Campbell
Superior Court of the State of California
County of Orange
Collene Campbell, Petitioner,
vs. Neal Kelley, in his official capacity as Registrar of Voters for Orange County; and DOES 1 through 25, inclusive, Respondents;
Todd Spitzer, Real Party in Interest.
Case No.: 30-2018-00980446-CU-WM-CJC Assigned for All Purposes to: Hon. Robert J. Moss, Dept. C-14 Declaration of Chad D. Morgan Action Filed: Mar. 19, 2018
DECLARATION OF CHAD D. MORGAN
I, Chad D. Morgan, declare:
1. I am a competent adult and make this declaration of my personal knowledge of the
facts stated herein and could and would competently testify to them if called to do so.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Declaration of Chad D. Morgan
2. I am an attorney admitted to practice before this California court. I am counsel for
Petitioner Collene Campbell and make this declaration in support of her Petition for Writ of
Mandate.
3. At approximately 3:30 p.m., I sent an email to Registrar of Voters Neal Kelley,
Deputy County Counsel Rebecca Leeds, who I know to represent the Registrar, and Supervisor
Todd Sptizer, the Real Party in Interest. In my email, I sent the following:
I'm writing to give notice that I will be appearing ex parte in Department C-14 of the Orange County Superior Court, 700 Civic Center Drive West, Santa Ana, CA 92701 at 8:30 a.m. on Thursday, March 22, 2018 for the purpose of obtaining (1) an alternative writ of mandate or (2) an order shortening time to hear a petition for writ of mandate regarding portions of the candidate statement submitted by Todd Spitzer, candidate for Orange County District Attorney.
4. Rebecca Leeds responded on behalf of the Registrar and stated that she would
appear and would be providing a declaration that generally describes the Registrar’s printing
schedule. Based on past experience in similar cases, I do not expect Ms. Leeds or the Registrar to
take a position on the merits of this case.
5. I also received a phone call from Supervisor Spitzer who inquired about the nature
of the case. I described the claims against him and we discussed whether he would accept service
of process by email. The question was unresolved, so I expect that we will attempt to complete
personal service on Mr. Spitzer. Nonetheless, based on our discussion, I expect that Mr. Spitzer
will appear at the ex parte hearing, either in pro per or through counsel, even though he did not
expressly state that he will be there.
6. Based on my email exchange with Ms. Leeds and my telephone conversation with
Mr. Spitzer, I believe that all parties have sufficient notice of this application.
7. Based on discussions with Ms. Leeds in the days leading up to the filing of this
action, I am informed and believe that the Orange County Registrar of Voters printing deadline is
April 13. Based on my experience in similar cases, I believe there is sufficient time to for the court
to make a reasoned decision in this case prior to the deadline without interfering with the
Registrar’s print schedule or the conduct of the election.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Declaration of Chad D. Morgan
8. Attached as Exhibit C is a true and correct copy of the voter registration for
Petitioner Collene Campbell, as obtained from the Orange County Registrar of Voters’ Office.
She is a registered voter in Orange County.
9. On March 21, 2018, while preparing for this case, I went to Todd Spitzer’s
website located at www.toddspitzer.com. Attached as Exhibit D is a true and correct copy of the
“Fast Facts” page which I accessed from Spitzer’s website at
https://www.toddspitzer.com/fastfacts.php. Attached as Exhibit E is a true and correct copy of
the “Meet Todd Spitzer” page which I accessed from Spitzer’s website at
https://www.toddspitzer.com/about.php. Attached as Exhibit F is a true and correct copy of the
“Todd Spitzer’s Priorities” page which I accessed from Spitzer’s website at
https://www.toddspitzer.com/priorities.php. I reviewed these pages and the rest of Spitzer’s
website.
10. On his Fast Facts page, he states that he “was the Statewide Chairman for
Marsy’s Law for California.” (Exh. E.) He does not claim here or anywhere else that he co-wrote
Marsy’s Law.
11. Also on his Fast Facts page, Spitzer claims that “[h]e has real hands on
experience handling thousands of cases including nearly 100 jury trials to verdict.” (Exh. E.)
However, he does not claim that he has a 100 percent success rate.
12. Each these claims is repeated on Spitzer’s Priorities page. (Exh F.)
I declare under the penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: March 21, 2018
__________________________ Chad D. Morgan
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-
Declaration of Andy Hong
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985 [email protected] Attorney for Petitioner Collene Campbell
Superior Court of the State of California
County of Orange
Collene Campbell, Petitioner,
vs. Neal Kelley, in his official capacity as Registrar of Voters for Orange County; and DOES 1 through 25, inclusive, Respondents;
Todd Spitzer, Real Party in Interest.
Case No.: 30-2018-00980446-CU-WM-CJC
Assigned for All Purposes to: Hon. Robert J. Moss, Dept. C-14 Declaration of Andy Hong Action Filed: Mar. 19, 2018
DECLARATION OF ANDY HONG
I, Andy Hong declare:
1. I am a competent adult and resident of Newport Beach, California. I make this
declaration of my personal knowledge of the facts stated herein and could and would competently
testify to them if called to do so.
Doc ID: af32ca62f60f80bbf0e26ce817116db6d354367e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Declaration of Andy Hong
2. I make this declaration in Support of Collene Campbell’s Petition for Writ of
Mandate seeking to correct statements in Todd Spitzer’s candidate statement that are false or
misleading.
3. I have read the candidate statement that Spitzer submitted to the Orange County
Registrar of voters.
4. From about 2009 to 2015, I served as the President of Henry T. Nicholas III
Foundation (the “Foundation”). Dr. Nicholas and his Foundation sponsored Marsy’s Law in
California, a 2008 victims’ rights ballot initiative named for Dr. Nicholas’ sister who was brutally
murdered by her ex-boyfriend. Marsy’s Law was Dr. Nicholas’ response to the indignities he and
his mother suffered after his sister’s murder.
5. I started with the Foundation after California voters passed Marsy’s Law and our
focus was beginning to shift to passing Marsy’s Law in other states, an effort we called Marsy’s
Law for All. Dr. Nicholas was my immediate supervisor at the Foundation.
6. Part of my duties at the Foundation included supervising Spitzer’s work. Spitzer
worked for the Foundation during the campaign to pass Marsy’s Law in California and remained
with the Foundation after it passed. He was a senior member of the team. His job was to create
development opportunities and media. In short, he was a fundraiser and spokesperson, speaking
on behalf of Dr. Nicholas when Dr. Nicholas was unable to do so.
7. As President of the Foundation, I received internal and external complaints
regarding Spitzer’s false claims that he co-authored Marsy’s Law. I investigated these complaints
and the fact that I was not with the Foundation during the Marsy’s Law for California campaign
allowed me to look at the issue with fresh perspective. I ultimately learned that the Marsy’s Law
co-authors generously recognized each other’s contributions to the effort but none of them
recognized Spitzer as a co-author. During the course of this investigation, I learned that the
Marsy’s Law co-authors include Henry T. Nicholas III, Doug Beloof, Paul Cassell, Meg Garvin,
Steve Ipsen, Doug Pipes, and Steve Twist. Todd Spitzer was not a Marsy’s Law co-author.
8. After discussing the situation with Dr. Nicholas’ we decided to reprimand Spitzer
for making the false claims about his role with Marsy’s Law and instructed him to stop telling
Doc ID: af32ca62f60f80bbf0e26ce817116db6d354367e
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Declaration of Andy Hong
people that he was a Marsy’s Law co-author. He said he would, but his misrepresentations
continued. Spitzer blamed the continued misrepresentations on reporters. When he did this, I
asked that he send me copies of everything he sends to media before he sends it. When Spitzer
did not comply with this, Dr. Nicholas and I terminated from the Foundation.
9. Spitzer was terminated from the Foundation by failing to renew his contract,
which was close to expiration if not already expired. Despite this, I think “termination” is the
most accurate description of the separation because everyone expected that Spitzer’s contract
would renew indefinitely. It is my opinion that but for Spitzer’s misrepresentations about his
authorship of Marsy’s Law, his contract with the Foundation would have renewed.
I declare under the penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: ________________
__________________________ Andy Hong, Declarant
03/21/2018
Doc ID: af32ca62f60f80bbf0e26ce817116db6d354367e
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985 [email protected]
Attorney for Petitioner Collene Campbell
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE
Collene Campbell,
Petitioner,
vs.
Neal Kelley, in his official capacity as Registrar of Voters for Orange County; and DOES 1 through 25, inclusive,
Respondents;
Case No.: 30-2018-00980446-CU-WM-CJC
Assigned for All Purposes to: Hon. Robert]. Moss, Dept. C-14
Declaration of Steve Twist
Action Filed: Mar. 19, 2018
I 9 Todd Spitzer,
20 Real Party in Interest.
21
22
23
24
DECLARATION OF STEVE TWIST
I, Steve Twist declare:
1. I am a competent adult and make this declaration of my personal knowledge of the
25 facts stated herein and could and would competently testify to them if called to do so.
26 2. I make this declaration in Support of Collene Campbell's Petition for Writ of
27 Mandate seeking to correct statements in Todd Spitzer' s candidate statement.
28
-!-
DECLARATION OF STEVE TWIST
I 3. I was the Chief Assistant Attorney General of Arizona from November 1978 until
2 January 1991. I continue to be regarded as a leading expert on crime victims' rights and am
3 currently the co-author of the law school casebook, Victims in Criminal Procedure.
4 4. Working with others, I was the principal drafter of the Arizona Victims Bill
5 of Rights in 1990.
6 5. In 2008, I was asked by former Governor Pete Wilson to help draft a
7 California constitutional amendment for victims' rights.
8 6. I flew to California and met with Gov. Wilson, Dr. Henry T. Nicholas III,
9 and others. With Professor Paul Cassell of the University of Utah College of Law and
IO others I attended a second meeting in Sacramento, California when additional drafting
11 was done.
12 7. Working with others, I was the principal drafter of the text of the
13 amendment which later became Marsy's Law for California. As a starting point for my
14 drafting, I began with the text of the Arizona Victims Bill of Rights.
15 8. Along with my colleagues Doug Beloof, Paul Cassell, and Meg Garvin and
16 others who were present in Sacramento, we added to that draft lessons we had learned in
17 the meantime.
18
19
9.
10.
A comparison of the two amendments will show the similarities.
I also worked with Steve Ipsen and Doug Pipes and others in working on the
20 amendment. I also had follow-up email and telephone conversations about the text of the
21 amendment.
22 11. I do not recall Todd Spitzer being in attendance at any of the meetings I've
23 described in this declaration nor do recall ever working with him to draft Marsy's Law
24 California.
25 II
26
27
28
-2-
DECLARATION OF STEVE TWIST
1 I declare under the penalty of perjury under the laws of the State of California that the foregoing
2 is true and correct.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated: '3 .. 2£). ( R
-3-
DE C LARATION OF STEVE TWIST
2
3
4
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985
5 1
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Attorney for Petitioner Collene Campbell
Superior Court of the State of California
County of Orange
Collene Campbell,
Petitioner,
vs.
Neal Kelley, in his official capacity as Registrar of Voters for Orange County: a-nd DOES 1 throu-gh 25, inclusive,
Respondents;
Todd Spitzer,
Real Partv in Interest.
Case No.:
Declaration of Douglas Beloof
DECLARATION OF DOUGLAS BELOOF
I; Doug Beloof declare:
1. I am a competent adult and make this declaration of my personal knowledge of
the facts stated herein and could and wou ld competently testify to them if called to do so.
-1-
Declaration of Doug Beloof
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. I make this declaration in Support of Collene Campbell's Petition for Writ of
Mandate seeking to correct statements in Todd Spitzer's candidate statement that are false or
misleading.
3. I graduated with a B.A. from University of California at Berkley in 1978. I received
my J.D. in 1981 at Northwestern School of Law of Lewis.& Clark College. I began my law career
working for Justice Thomas H. Tongue of the Oregon Supreme Court. I have been a prosecutor
and a criminal defense attorney as well as practicing tort law as a plaintiff's and defense
attorney. As director of the Multnomah County Victims' Assistance Program, I worked on
establishing procedures to assist victims of crime, including a domestic violence program and
multidisciplinary teams to deal with child abuse. I lecture nationally and internationally on
victims' law.
4. I am a professor of law at Lewis and Clark Law School in Portland, Oregon. My
special area is Criminal Justice and my course descriptions include Victims in Criminal Procedure
and Investigative Criminal Procedure.
5. I have published the case book Victims in Criminal Procedure, which won a
national award for writing in victimology and the law. I have published numerous articles about
civil liberties for crime victims, and also, the books Victims' Rights: A Documentary and
Reference Guide and co-author to Crime Victim Rights and Remedies (3d Ed.).
6. I have received awards from The United States Attorney General, Mothers
Against Drunk Driving, and the National Organization of Victims Assistance. I have testified in
front of Congressional judiciary committees and have been cited by the Senate Judiciary
Committee as a leading expert on victim law. I am the Secretary of the National Crime Victim
Law Institute Board of Directors and have argued important victim issues in appellate courts.
7. I co-authored Marsy's Law in California and personally worked with Steve Twist,
Paul Cassell, and Meg Garvin.
8. I do not recall ever working with Todd Spitzer to draft Marsy's Law California.
I
-2-
Declaration of Doug Beloof
I declare under the penalty of perjury under the laws of the State of California that the
2 foregoing is true and correct.
3 Dated: )/zC) / / g I
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~ Doug Belo~ t
-3-
Declaration of Doug Beloof
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-
Declaration of Marc Rozenberg
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985 [email protected] Attorney for Petitioner Collene Campbell
Superior Court of the State of California
County of Orange
Collene Campbell, Petitioner,
vs. Neal Kelley, in his official capacity as Registrar of Voters for Orange County; and DOES 1 through 25, inclusive, Respondents;
Todd Spitzer, Real Party in Interest.
Case No.: Declaration of Marc Rozenberg
DECLARATION OF MARC ROZENBERG
I, Marc Rozengerg declare:
1. I am a competent adult and make this declaration of my personal knowledge of the
facts stated herein and could and would competently testify to them if called to do so.
Doc ID: bd5ee133b738fab6745449d9f88ad263ff27066b
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Declaration of Marc Rozenberg
2. I make this declaration in Support of Collene Campbell’s Petition for Writ of
Mandate seeking to correct statements in Todd Spitzer’s candidate statement that are false or
misleading.
3. I was a prosecutor in the Orange County District Attorney’s Office (OCDA) from
August 1984 to March 2015.
4. During my time in the OCDA I had the following assignments: Family Support,
Misdemeanor Prosecutions, Felony Panel Trial Team, Preliminary Hearing Panel, Sexual
Assault Unit, Gang Unit, Supervisor of the Gang and Target Unit, Supervisor of the Felony
Panel Trial Team, Supervisor of the Target Unit, Supervisor of the Gang Unit and Supervisor of
the Juvenile Court Unit.
5. During my time in the office, the OCDA compiled trial statistic sheets that listed
the trial wins and losses of every Deputy DA. These statistics were compiled from “Trial Result
Sheets” that were filled out by Deputy DA’s after each of their trials. After the trial result sheet
was filled out by the DDA, it was approved by the deputy’s supervisor and sent to
Administration. These trial statistic sheets were then sent to the supervising attorneys to be used
for purposes of promotion and rotation. While the statistic sheets were not meant to be
disseminated to the rank and file deputies, many were, in fact, distributed to nonsupervisors.
That is how I came into possession of several of these sheets.
6. When I got these trial statistic sheets, I checked to see if they accurately reflected
my trial results. I found them to be completely accurate.
7. After I became a supervisor, I received these same trial statistic sheets
approximately every six months. I would routinely verify the statistics in these sheets by double
checking with deputies that I supervised. I found these statistic sheets to be very accurate. The
only discrepancies that I ever found occurred when deputies had neglected to send in their
jury/court trial results.
8. Attached as Exhibit A are two such sheets with Todd Spitzer’s name, trial wins
and losses and other information. Except for redactions as to other persons as to protect their
Doc ID: bd5ee133b738fab6745449d9f88ad263ff27066b
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Declaration of Marc Rozenberg
privacy, the sheets are true and correct copies of the trial statistic sheets I received while working
for OCDA.
9. The practice at the OCDA is that a prosecutor may count a trial as a “guilty” if a
jury is empanelled, a witness is sworn and there is a guilty plea to one count or a jury returns a
verdict to any of that counts charged.
I declare under the penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: ________________
__________________________ Marc Rozenberg, Declarant
03/20/2018
Doc ID: bd5ee133b738fab6745449d9f88ad263ff27066b
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1-
Declaration of Susan Kang Schroeder
Law Office of Chad D. Morgan Chad D. Morgan, Esq. SBN 291282 1101 California Ave., Ste. 100 Corona, CA 92881 Tel: (951) 667-1927 Fax: (866) 495-9985 [email protected] Attorney for Petitioner Collene Campbell
Superior Court of the State of California
County of Orange
Collene Campbell, Petitioner,
vs. Neal Kelley, in his official capacity as Registrar of Voters for Orange County; and DOES 1 through 25, inclusive, Respondents;
Todd Spitzer, Real Party in Interest.
Case No.: 30-2018-00980446-CU-WM-CJC
Assigned for All Purposes to: Hon. Robert J. Moss, Dept. C-14 Declaration of Susan Kang Schroeder Action Filed: Mar. 19, 2018
DECLARATION OF SUSAN KANG SCHRODER
I, Susan Kang Schroeder, declare:
1. I am a competent adult and make this declaration of my personal knowledge of the
facts stated herein and could and would competently testify to them if called to do so.
Doc ID: 9d1f437599eb8d43d9ad68d8cfdff43ae8b893f2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Declaration of Susan Kang Schroeder
2. I make this declaration in Support of Collene Campbell’s Petition for Writ of
Mandate seeking to correct statements in Todd Spitzer’s candidate statement that are false or
misleading.
3. I am presently Chief of Staff in the Orange County District Attorneys’ Office. I
have held this position since 2010. I have been an Deputy District Attorney for approximately 25
years.
4. I have extensive political election experience in varying degrees going back to
1984, when I first volunteered for President Ronald Reagan’s re-election, including serving as the
deputy communications director for the California Republican Party in 1994. I have been
involved in many elections, both for candidates and initiatives.
5. In fact, in 1996, my ex-husband Mike Schroeder and I helped Mr. Spitzer in his
County Supervisor’s election against then-Assemblyman Mickey Conroy.
6. Since 2013, I have served as a Senior Strategist and Advisor for Marsy’s Law for
All. Unlike Spitzer, I volunteer my time. Since my involvement and after Spitzer was dismissed,
we have amended the Constitution in Illinois (2014), Montana (2016), North Dakota (2016),
South Dakota (2016) and Ohio (2017). Spitzer had no involvement in passing those
constitutional amendments.
7. Efforts are currently underway in Kentucky, Georgia, Nevada, North Carolina,
Wisconsin, Idaho, Oklahoma, Maine, New Hampshire, Pennsylvania, and Iowa to extend equal
rights for crime victims in those states as well. Spitzer has no involvement in those efforts.
8. In 2002, I took a leave of absence from the OCDA to run District Attorney Tony
Rackauckas’ re-election. It was heavily contested. He won by over 62 percent.
9. Sometime after 2002, Spitzer started attacking the District Attorney and the
Office in various ways, including in the media and also to mutual friends.
10. In 2006, Spitzer began a campaign for District Attorney. District Attorney
Rackauckas, others, and I built such a lead with endorsements and fundraising that Spitzer
abandoned his quest. He continued his attack through mutual friends and the media.
Doc ID: 9d1f437599eb8d43d9ad68d8cfdff43ae8b893f2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
Declaration of Susan Kang Schroeder
11. In 2008, then Assemblyman Todd Spitzer was termed out of the California
Assembly. Several months before he left the Assembly, he approached my ex-husband Schroeder
and I to see if we thought the District Attorney would consider bringing him back into the office.
He claimed he wanted to reacquaint himself with the OCDA and sharpen his trial skills since he
was last in the Office in the mid-1990s.
12. My ex-husband Schroeder and I had Spitzer and Rackauckas over to dinner at our
house. At dinner, Spitzer formally asked Rackauckas if he would mentor him so that he could
someday become the District Attorney. Spitzer claimed he had a religious conversion which
made him a “better person.” I was moved by his sincerity and vowed to help him achieve his
dreams.
13. After Spitzer left the Assembly and he came back to the OCDA in late 2008, I was
asked by both the District Attorney and Spitzer to help him adjust. It was not an easy task since
Spitzer often tearfully admitted that he was his “worst enemy.”
14. Spitzer called me when he lost his first trial in December 2008. He was practically
bouncing off the wall with anxiety. He became even more distraught when then Orange County
Register wrote a story and then-Register Columnist Steve Greenhut wrote a story about his loss.
We had these stories printed out and had a lengthy conversation about it and how he should just
shake it off and get back on the bike. Attached as Exhibit B is a true and correct copy of the Steve
Greenhut column we discussed.
15. Even though I truly did my best to help him, Spitzer was a difficult person to help.
He did win a trial on the Felony Panel and was assigned a high-profile, important fraud case that
the Office called “Unity.”
16. Spitzer was eventually terminated in August 2010 after a multitude of misdeeds.
17. On March 17, 2018, I was at two speaking engagements Spitzer attended. At the
events, audience members were given a copy of the Register column regarding Spitzer’s loss
(Exhibit B) and a letter from Andy Hong, former President of Dr. Henry T. Nicholas III
Foundation. A true and correct copy of the letter that was distributed, which stated that Spitzer
was terminated from the Foundation for falsely claiming that he was a Marsy’s Law co-author, is
Doc ID: 9d1f437599eb8d43d9ad68d8cfdff43ae8b893f2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
Declaration of Susan Kang Schroeder
attached as Exhibit G. I watched and recorded Sptizer’s remarks and while he mentioned
participating in 100 jury trials and his involvement in Marsy’s Law, he did not claim to have a 100
percent success rate nor did he claim to have authored Marsy’s Law.
I declare under the penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: ________________
__________________________ Susan Kang Schroeder, Declarant
03/21/2018
Doc ID: 9d1f437599eb8d43d9ad68d8cfdff43ae8b893f2
Doc ID: bd5ee133b738fab6745449d9f88ad263ff27066b
/ , ... JIBCIP 01 tWDJYJDUIT, ,DJBY ntlI,* BRB'JLTS IB OP • NDSBB 10 ,.
NIJJIICUAL CXIURl' 8TU8
- ftARl' DAD l'C DBPIJff IV1'BOID14'B 'l'0'.l'AL Gull~* ' JIQ B11119 1118.1
7 6. 86' 1 0 0 15 13 87')
12 8 671 2 2 0
17 1' 821 2 0 0
13 9 69' 1 3 0
31 20 65\ 8 3 0
27 16 59' 6 4 0
9 6 671 2 1 0
5 3 60\ 0 2 0
15 12 801 3 0 0
30 19 631 4 4 0
22 1' 641 3 2 0
15 11 731 ' 0 0
57 31 541 13 8 1
28 17 611 8 2 1
"' 76 48 &31 16 8 ·0
29 18 621 5 5 0
5 3 601 1 1 0
12 9 751 1 2 0
27 18 671 5 2 0
23 17 74' 1 4 0
30 22 731 4 4 0
*l"lua Superior court, Covt Trial • **Inaludee all abanga of plea • to original charge after evidence taken (7/1/90) c:\ocdadoca\off1ca\atat •\ • tat • .jt '
Ni •trial Dia cm 'lVDt.
0 0 0 Jll
0 0 0
1 .0 0
0 0 0
0 0 0 J17
1 0 0 J&
0 0 0
0 0 0
0 0 0
2 1 0 J25
1 1 1 J12
0 0 0
J4 0 1 3 J9
0 0 0 J23 . Cl
1 0 3 J7
0 0 1 Jl
0 0 0 J'4 C9
0 0 0
1 0 1 Jl
1 0 0
0 0 0
:v . ·-1991
8UPBRIOR COURr ftU8
aullty ' IIO lhmq Ni • tr Di• II Sana/Ia • ._
11 as, 1 1 0 0 0 0
13 76' 2 0 1 1 0 0
3 50\ 2 1 0 0 0 0
19 76' 3 2 l 0 0 0
9 751 1 1 0 0 0 0 (1 -1118.l'd)
1 25' 3 0 0 Q 0 0
' HI 2 3 0 0 0 0)
18 821 1 3 0 0 0 0(1 pend 1 l0PI 0 0 0 0 ·o 0~aok)
5 711 1 0 1 0 0 0
1 100, - 0 0 0 0 0 0
38 881 1 2 2 0 0 0(1 pend 3 331 5 1 0 0 0 "'Blount)
1 100\ 0 0 0 0 0 0
8
Doc ID: bd5ee133b738fab6745449d9f88ad263ff27066b
.,,, " SCll! Clli: i:mnl'TlUIIL ,'l'fffl'Y DIAL* umwrs 18 OE [}Bl'!RM"AV ll ""'-I ... , . • Hl!IZ
. ~
,_e
,, HIJlfICIPM. COOR!! STM.'8 SUPBRIOR OOURr S'J!US
STARr DATE ,. _ PC
DBPtlTY IV 1'l!Clf DM!Jl: 'l'OrAL Cluilty0 ' SQ Bung 1118.1 Hi•trial Dia111 001' :m'DL Quilty • JIG B'llllg Mbtr Dia SaDe/111114118
29 22 76\ 4 3 0 0 0 0
20 15 75\ 4 0 0 1 0 0
29 21 72\ 4 3 0 0 1 0
31 20 65\ 8 3 0 0 0 0 J21 16 76\ J 0 1 1 0 0
,~ 27 16 59\ 6 .4 0 l 0 0 JG J 50\ 2 1 0 0 0 0
SPITZER, Todd 2/9/90 29 25 86\ J ·• 1 0 0 0 0
6 4 67\ l ~. 0 0 0 1 0
23 18 78\. 2 3 0 0 0 0
22 17 77\ 5 0 0 0 0 0
30 19 63\ 4 4 0 2 1 0 J27 20 74\ 3 3 1 0 0 0
Cl 1 100\ 0 0 0 0 0 0
22 14 64\ 3 2 I) 1 1 1 J33 26 79\ 2 2 2 0 (1 - 1118.1 'd
C2 2 100\ 0 0 0 0 0 0
30 21 70\ 4 3 0 l 0 1
J4 1 25\ 3 0 0 0 0 0
57 31 54' 13 8 l 0 1 3 J9 4 44\ 2 3 0 0 0 0)
28 17 61\ e 2 l 0 0 0 J26 19 731 2 5 0 0 0 0
Cl 1 100\ 0 0 0 0 0 0
8 6 75\ 1· 1 0 0 0 0
76 48 63\ 16 8 0 1 ;): c-0 3 J7 5 71\ 1 0 1 0 0 0
5 3 60\ 1 1 0 0 0 0 J51 46 90\ 1 2 2 0 0 0
C9 3 33\ 5 1 0 0
19 12 63\ 3 4 0 0 :. 0 0
27 18 67' 5, 2 0 1 0 1 J19 16 84\ 2 1 0 0 0 0
28 21 75\ 2 4 0 1 0 0 Jl 1 0 0 0 0 0
Jl 23 74'1 4-' 4 0 0 ... 0 0 J4 2 50\ 2 0 0 0 0 0
~
5 2 40\ J· 0 0 0 0 0
•Plue superior Court, Co~ Trialu
tAincludos all change of pleas to original ch,arge after evidopce'takon (7 /1/90)
c:\ocdadoco\offico\atats\atata.jt
By STEVEN GREENHUT | Orange County RegisterDecember 31, 2008 at 11:39 am
0 COMMENTS
It is somewhat funny that former Assemblyman Todd Spitzer, the law-and-order blowhard and union shill who desperately wants to be
the next county DA, lost his first case since being back in the prosecutor’s office. Here, the Register reported on it. Spitzer was termed-out
in the Assembly (and replaced by a far better candidate, Jeff Miller). He sought a job in the DA’s office to prepare for his run for the DA
spot once Tony Rackauckas leaves.
My initial cheap-shot thought: Maybe Spitzer’s specialties, grandstanding and demagogy, don’t play as well in courtrooms, where one
actually has to sway a jury rather than simply make speeches that are ignored by everyone but make good campaign fodder. Here is
Spitzer dishing it out in Sacramento. Watch it to the end to see what he is all about. I also found if ironic that Mr. Law and Order had
trouble with a misdemeanor case.
But funniness aside, the real question is why Spitzer and the DA’s office chose to file charges in this case. This is from the Register report:
“Reyes was charged with violating an order to stay away from his wife — the mother of his two children — because he had showed up at
a Fullerton laundromat that she was at in October, Spitzer said. Reyes, who was separated from his wife, had already violated a prior
restraining order regarding his wife, he said. The problem for the prosecution, according to Spitzer, was that the victim — the
defendant’s wife — as well as her sister were witnesses for the defense. The women signed declarations and testified for the
defense that he wasn’t there — which Spitzer said he believed was not the case.”
Why is the county prosecuting a man for violating a restraining order against his wife when the wife says he didn’t do it? Who is being
wronged here, even if the prosecutor doesn’t believe the wife? No one, but the prosecutors decided to get involved anyway. The state
shouldn’t get involved when there is no one who was actually victimized. In police states, the government can be a wronged party, but in
free societies there needs to be an actual victim … which is why in the past one actually had to press charges against someone.
I have a call in to the DA’s office for an explanation and will post its reply. But this is a waste of tax dollars and unjust.
Does this case epitomize Spitzer’s big-government approach to the world?
SPONSORED CONTENT
How to Put the Joy Back in DrivingBy BOOK By Cadillac
What would you do with a different Cadillac every day?
NEWS
Todd Spitzer prosecutes victimless crime … and loses
Tags: Editorials, Libertarian, Orange Punch blog, politics
VIEW COMMENTS
Join the Conversation
We invite you to use our commenting platform to engage in insightful conversations about issues in our community.Although we do not pre-screen comments, we reserve the right at all times to remove any information or materials thatare unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwiseobjectionable to us, and to disclose any information necessary to satisfy the law, regulation, or government request. Wemight permanently block any user who abuses these conditions.
If you see comments that you find offensive, please use the “Flag as Inappropriate” feature by hovering over the rightside of the post, and pulling down on the arrow that appears. Or, contact our editors by emailing [email protected].
Steven Greenhut
I work in the St. Louis Walgreens
n
S1,A 1'E OF CAL IFORNIA
COUN1Y OF ORANGE ss
CERTIFICATION
•
nty and State 1 Neal Kelley , Orange Cou nty Cieri( . tne co u f d h b ~foresaid, and keeper of the record~ ~:d fifes th~reo t'. 0 f ~~e Y certify that the following is a true and correct certifica ,on ° e registration record of :
VOTER INFORMATION
Collene Campbell
ELECTION INFORMATION Total Elections Voted: 26
- Most recent display1,1t.
Address: 27552 Rolling Wood Ln
Township: Precinct: Birth Date:
Party: Voter Status:
San Juan Capistrano, CA 92675
49116 07/10/1932 Republican Active
Most Recent Date Registered: 05/20/1999 Original Date Registered: 05/20/1999
11/08/2016 General Election
06/07/2016 Presidential Primary Republican Election
11/04/2014 General Election 2014
06/03/2014 Statewide Direct Primary Republican Election
11/06/2012 General Election
06/05/2012 Presidential Primary Election
Republican
0610112011 s an Juan c .
Special Mu ~p_,strano Election n1c1pa1 .
11/02J2010 G enera1 El .
061oa12010 ectton SElta t~Wide Primary
ect,on
05/19/2009 Stat~wide Special Election
11/041200 8 General Election
06/24/2008 Capistrano Unified . School District Special
Recall Election
Republican
Spitzer served for nearly ten
years as an Orange County
Deputy District Attorney and
Assistant District Attorney
handling cases at nearly every
level. He has real hands on
experience handling thousands
of cases including sexual assault,
gangs, attempted homicide,
drunk driving involving death,
animal cruelty, robbery, car
jacking and domestic violence
bringing nearly 100 jury trials to
verdict.
Connect with Todd Spitzer:
DONATE
TODD SPITZER FAST FACTS
HOME ABOUT ENDORSE MEDIA VOLUNTEER CONTACT DONATE
Spitzer was the Statewide
Chairman for Marsy’s Law for
California (Prop. 9, Nov. 2008), the
most comprehensive Victim’s
Rights Constitutional protection
in the Nation, and Joint Authored
Megan’s Law on the Internet (AB
488, Parra and Spitzer) that
created an on-line database for
the public to search for
registration and residency
information for convicted sex
o�enders. Now all members of
the public can �nd out where sex
o�enders reside.
In his current term as Third
District Supervisor, he secured
Orange County’s �rst year-round,
supportive housing shelter for
the homeless, placed an Ethics
Commission on the ballot
(passed by 90 % of the vote),
strengthened public safety
oversight by expanding the O�ce
of Independent Review led by a
law enforcement watchdog.
You and 260 other friends like this
Todd Spitzer5,831 likes
Liked Sign Up
Embed View on Twitter
Tweets by @toddspitzeroc
BREAKING! The Todd Spitzer for District Attorney campaign unveiled the endorsements from four prominent Orange County leaders of Republican Women Federated: Lois Godfrey, Paula Prizio, Sharon Underwood and Mary Young. Full story here: toddspitzer.com/25.php
Todd Spitzer @toddspitzeroc
Prominent Republican Women E…Prominent Republican WomenEndorse Todd Spitzer
Paid for by Todd Spitzer for District Attorney 2018. ID# 1397615
Todd Spitzer has received numerous commendations & honors for his work:
~ Orange County Cy) Outstanding Prosecutor
Prosecutor of the Year by Mothers Against
Drunk Drivers (MADD)
~ Victims ' Advoc acy
Lifetime Achievement Cy) Legislator of the Year by
Award from Crime Crime Victims United
Survivors , Inc. California
Cy) Victims' Advocacy
~ Legislator of the Year by
Recognition from Parents California State Sheriffs'
Association
I am inspired and proud to
dedicate my career to public
service as an Orange County
Supervisor and former California
State Assembly Member. As
District Attorney I pledge to
Connect with Todd Spitzer:
DONATE
MEET TODD SPITZER
HOME ABOUT ENDORSE MEDIA VOLUNTEER CONTACT DONATE
always uphold the rule of law,
put people’s safety �rst and work
tirelessly to make certain justice
is served for victims and their
families. We must restore faith
and trust in our law enforcement
and justice system. As a former prosecutor and
current Chairman of the Orange
County Criminal Justice
Coordinating Council, I know
what it takes to get justice for
victims and work with the
community to solve crimes and
ensure violent felons stay behind
bars. But we also must work to
stop crime before it starts. As a
former high school teacher and
School Board Trustee and
business owner, I know that
solutions to complex crime
problems begins by solving
critical issues like homelessness,
our kids’ broken education
system and ensuring that our
economy is growing to provide
job opportunities for everyone.
As Supervisor, I’ve already
pioneered policies in our County
to help address these issues and
make our communities safer. It’s
You and 260 other friends like this
Todd Spitzer5,831 likes
Liked Sign Up
time to focus on rebuilding the
DA’s o�ce, including modernizing
it by bringing the latest in crime
�ghting tools to our hard-working
prosecutors.
Rackauckas has been in o�ce for
20 years. This breeds corruption,
complacency and a public failure
of leadership. 20 years is long
enough. While crime rates rise
and the DA’s absence of
leadership is causing cases to be
botched and murderers to be let
free, the real tragedy is that
victims and their families are not
getting justice. I’m running for
District Attorney to be an
advocate for every victim that
has been let down by Tony
Rackauckas. Every community
deserves protection from
criminals. You can trust I will uphold justice,
�ght for our civil liberties and act
as a model of ethical conduct
with honesty, integrity and
complete transparency. Together
we will build a safer and more
prosperous Orange County.
Todd Spitzer
Embed View on Twitter
Tweets by @toddspitzeroc
BREAKING! The Todd Spitzer for District Attorney campaign unveiled the endorsements from four prominent Orange County leaders of Republican Women Federated: Lois Godfrey, Paula Prizio, Sharon Underwood and Mary Young. Full story here: toddspitzer.com/25.php
Todd Spitzer @toddspitzeroc
Prominent Republican Women E…Prominent Republican WomenEndorse Todd Spitzer
Paid for by Todd Spitzer for District Attorney 2018. ID# 1397615
Privacy Policy
Protecting Families andCommunities
Crime in our communities has
skyrocketed, while violent
criminals have been released or
had their sentences reduced
because of soft and inept
prosecution by Tony Rackauckas.
Todd Spitzer served for nearly
ten years as an Orange County
Deputy District Attorney and
Assistant District Attorney
handling cases at nearly every
level. He has real hands on
experience handling thousands
Connect with Todd Spitzer:
DONATE
TODD SPITZER'S PRIORITIES
HOME ABOUT ENDORSE MEDIA VOLUNTEER CONTACT DONATE
•
of cases including nearly 100 jury
trials to verdict. Todd Spitzer prosecuted some of
Orange County’s toughest
predators, and was recognized
by his peers as prosecutor of the
year. He’ll put criminals behind
bars and make sure they stay
there. Fighting for Victims
Todd Spitzer is the crime
victims’ advocate in the race
for District Attorney. He has the
most endorsements from leading
victims’ rights advocates and
victims’ families due to his
unwavering commitment to
victims for more than 25 years.
He was Statewide Chairman for
Marsy’s Law for California (Prop.
9, Nov. 2008), the most
comprehensive Victim’s Rights
Constitutional protection in the
Nation, and joint authored
Megan’s Law on the Internet (AB
488, Parra and Spitzer) that
created a public online database
of registration and residency
You and 260 other friends like this
Todd Spitzer5,831 likes
Liked Sign Up
•
information for convicted sex
o�enders. Improving our Schools
As a former high school
teacher, Todd Spitzer believes
we can prevent crime by
improving our schools and
prioritizing afterschool programs
and other tactics that are proven
and e�ective at preventing our
youth from joining gangs and
entering a life a crime.
Solving Homelessness
Instead of managing
homelessness Todd Spitzer is
transforming the lives of Orange
County’s homeless population.
He believes in building
supportive shelters with
comprehensive services – a
solution which requires money,
dedication and political will.
Todd Spitzer has helped secure
the �rst year-round homeless
shelter in Anaheim with
restrooms and showers, laundry,
shuttle services, daytime service
providers, job referrals and case
management services. He will
•
•
continue leading the �ght to end
chronic homelessness and give
homeless veterans the help they
deserve. Growing the Economy
Todd Spitzer cut taxes on
small businesses, authored
and gained passage of pension
reform measures, and
strengthened government
oversight and transparency. The
Orange County Register called
Todd a “relentless taxpayer
advocate.” He will work to attract
good paying jobs to Orange
County to ensure our economy is
growing.
•
Embed View on Twitter
Tweets by @toddspitzeroc
BREAKING! The Todd Spitzer for District Attorney campaign unveiled the endorsements from four prominent Orange County leaders of Republican Women Federated: Lois Godfrey, Paula Prizio, Sharon Underwood and Mary Young. Full story here: toddspitzer.com/25.php
Todd Spitzer @toddspitzeroc
Prominent Republican Women E…Prominent Republican WomenEndorse Todd Spitzer
Paid for by Todd Spitzer for District Attorney 2018. ID# 1397615
Privacy Policy
andy "soung-uk" hong
2018 santiago drive
newport beach, california 92660
tel 323.493.7949
email: [email protected]
MARCH 16, 2018
To whom it may concern: '
My name is Andy Hong and I served as President of Henry T. Nicholas Ill
Foundation for five years. In my position, I supervised Todd Spitzer regarding his
"work" after Marsy's Law was passed in 2008 . Marsy's Law gives crime victims
Constitutional Rights equal to criminal defendants. The Law was named for Dr.
Nicholas' sister who was brutally murdered by an ex-boyfriend and the indignities
suffered by Dr. Nicholas and his mother.
Todd was let go from the organization because he repeatedly ignored my
instructions to NOT represent himself as co-author of Marsy's Law and taking
undue credit to politically grandstand. Co-authorship go to Dr. Nicholas, Steve
Twist, Paul Cassell, Doug Belouf, Steve Ipsen, but NOT Todd.
Ronald Reagan kept on sign on his desk which read, "there is no limit to the
amount of good you can do if you don't care who gets the credit." It's truly
unfortunate anyone would use crime victims ' rights for a political advantage.
Sincerely,