Damon Tucker, the investigator for the Orange County District Attorney, has been reinstated after his termination for denouncing Attorney General Todd Spitzer for accepting bribes relating to the pay-to-play schemes as of Jan. 17.
Michael Leb, the individual appointed to settle disputes, dissolved the firing process, stating that former supervising investigator, Damon Tucker, must be reinstated.
“The county did not have reasonable cause to terminate Damon Tucker, who is to be reinstated with all back pay and benefits as soon as reasonably practicable,” Leb said in an interview with MyNewsLA.
Tucker, a law enforcement veteran for almost 30 years, was fired in December of 2020 after accusing District Attorney Todd Spitzer of petitioning bribes and engaging in pay-to-play fundraising to get into office.
Lawyer Neda Roshinian, Tucker’s representative, stated that the arbitration ruling came to the conclusion that Tucker was fired during an “impromptu” meeting and therefore was outside of the proper procedures of termination.
The investigation began in 2016 with investigator Tom Conklin scrutinizing Spitzer’s dealings. Spitzer was former District Attorney Tony Rackauckaus’s political rival. An 11-page report written by Conklin and obtained by the Orange County register revealed that no evidence of misconduct was found in Spitzer’s political practice, Spitzer was elected as attorney general and seated in January of 2019.
However, the report has not been made accessible to the public, due to investigative reports being confidential, requiring an extensive legal process to be considered for release.
After being held under suspicion of leaking the meant to be confidential Spitzer report, arbitration stated that Tucker was assigned to continue Conklin’s investigation before Spitzer took office. According to Spitzer’s cabinet, Tucker initiated the investigation on his own accord.
Tucker believed that there had been a lack of integrity in Conklin’s report regarding Spitzer tanking, thus deeming the report incomplete. Within the report, Conklin participated in unprofessional and unethical practices, including bank records that could reveal involvement in money laundering.
“Conklin missed bank records that showed Spitzer potentially laundered money,” Tucker said in a pending lawsuit.
According to Tucker, evidence of “terrorist threats, extortion, and other consequential crimes were found.”
Conviction of such offense can be punishable by up to three years in prison, which would ultimately lead to the end of Spitzer’s career.
Tucker claims that the previous investigator assigned to the case was negligent towards leads, especially in regard to financial statements and bank records.
Tucker alleges he was fired in 2020 because he refused to circumvent the law by reporting, investigating, and retaining evidence of public corruption and illegal activity by public officials to his managers.
An investigator informed a suspect leaker that “there had been at least 32 policy violations,” but had been met with rejection from a Spitzer committee delegate.
In retaliation, Spitzer referred to Tucker as a “dirty cop,” claiming that the accusations were part of a conspiracy promoted by former District Attorney Tony Rackauckas and other political advisors to ruin Spitzer’s political career.
“This is nothing more despicable than an unethical cop misusing taxpayer resources to try to dig up dirt for his friends on a political enemy,” Spitzer said about Tucker’s accusations.
Despite the allegations and investigation, Tucker’s return will be at a less elite post. A statement released by the District Attorney’s office acknowledges his return and comments on the investigation:
“This was nothing more than political espionage, attempting to dig up dirt on Spitzer before the general election. In fact, Tucker is asking to come back to work for the Orange County District Attorney’s office and be an employee of Spitzer.”
Kayode Giwa is a City News Intern for the winter 2022 quarter. He can be reached at kgiwa@uci.edu.
