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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.

Compendium Of Evidence - ocdistrictattorney.com · Compendium of Evidence in Support of petition for Writ of Mandate Petitioner Collene Campbell submits the following evidence in

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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.

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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

Exhibit 1

EXHIBIT 1

EXHIBIT 1

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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.

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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.

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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

Exhibit 2

EXHIBIT 2

EXHIBIT 2

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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

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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

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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

Exhibit 3

EXHIBIT 3

EXHIBIT 3

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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.

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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.

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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.

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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.

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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.

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Dated: '3 .. 2£). ( R

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DE C LARATION OF STEVE TWIST

Exhibit 4

EXHIBIT 4

EXHIBIT 4

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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

[email protected]

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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.

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Declaration of Doug Beloof

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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.

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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

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~ Doug Belo~ t

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Declaration of Doug Beloof

Exhibit 5

EXHIBIT 5

EXHIBIT 5

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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

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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

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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

Exhibit 6

EXHIBIT 6

EXHIBIT 6

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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

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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

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-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

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-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

Exhibit A

EXHIBIT

A

EXHIBIT A

Doc ID: bd5ee133b738fab6745449d9f88ad263ff27066b

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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 '

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SPITZER, Todd 2/9/90 29 25 86\ J ·• 1 0 0 0 0

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28 17 61\ e 2 l 0 0 0 J26 19 731 2 5 0 0 0 0

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28 21 75\ 2 4 0 1 0 0 Jl 1 0 0 0 0 0

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c:\ocdadoco\offico\atats\atata.jt

Exhibit B

EXHIBIT B

EXHIBIT B

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?

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Todd Spitzer prosecutes victimless crime … and loses

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Steven Greenhut

I work in the St. Louis Walgreens

n

Exhibit C

EXHIBIT C

EXHIBIT C

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

Exhibit D

EXHIBIT D

EXHIBIT D

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

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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

Exhibit E

EXHIBIT E

EXHIBIT E

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

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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

Exhibit F

EXHIBIT F

EXHIBIT F

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

Exhibit G

EXHIBIT G

EXHIBIT G

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,