civil trial

Cardi B returned to the witness stand on Wednesday in a civil suit brought by a security guard who alleged that the rapper assaulted her — even scratching her with one of her nail extensions — in a 2018 incident in the hallway outside a Beverly Hills obstetrician’s office.

On Wednesday, the performer blasted the plaintiff, saying she is looking for a payout. Emani Ellis is seeking $24 million. Cardi B said the pair went chest-to-chest and exchanged heated words but nothing more.

Cardi B, whose real name is Belcalis Marlenis Almánzar, reiterated in her testimony that she never touched, scratched or spat at the security guard, who she believed was taking video of her with her cellphone.

Her defense got a boost Wednesday with the testimony of the obstetrician with whom the then-4-months-pregnant rapper had an appointment on the day of the incident — Feb. 24, 2018 — as well as from his receptionist.

Receptionist Tierra Malcolm told jurors that she saw Ellis corner Cardi B — and then, when the receptionist got between them, the guard reached for the rapper. The receptionist said she ended up with a cut on her own forehead.

Dr. David Finke testified that he saw the guard cause that injury and also hit the receptionist’s shoulder. He further said that Ellis had no injuries to her face. Both testified they never saw Cardi B hit Ellis.

But the rapper testified that when a doctor’s staffer asked Ellis that day what had occurred, Ellis said, “The b— just hit me.’ … And I’m, like, so confused because … I didn’t hit you.”

Under cross-examination by Ellis’ attorney, the rapper acknowledged she and Ellis were chest-to-chest as expletives were traded.

Ellis filed suit in 2020, alleging assault, battery and intentional infliction of emotional distress as well as negligence and false imprisonment.

She worked as a security guard at the building where Cardi B had her medical appointment and said during testimony on Monday that she was doing her rounds when she saw the celebrity get off the elevator. She testified that she was overcome with excitement and declared, “Wow, it’s Cardi B.”

Ellis alleged that the performer then turned to her and said, “Why the f— are you telling people you’ve seen me?” Cardi B then accused her of trying to spread news about her being at the doctor’s office, she testified.

Cardi B cursed at her, used the N-word and other slurs, called her names, threatened her job, body-shamed her and mocked her career, Ellis said. She alleged Cardi B spat on her, took a swing at her and scratched her left cheek with a 2- to 3-inch fingernail.

The rapper said during Wednesday’s court proceedings that she’s 5 foot 3 and was 130 pounds and pregnant at the time. She wouldn’t have tried to fight the guard, who was far larger, she said.

Asked if she was “disabled” during the incident, Cardi B’s comments drew laughter in the courtroom: “At that moment, when you’re pregnant, I’m very disabled,” she said with a roll of her eyes. “You want me to tell you the things I can’t do?”

Malcolm said that Cardi B was the lone patient visiting the office that day as it had been closed for her privacy.

When the incident occurred, the receptionist said, “I really just saw Ms. Ellis in front of her and that’s what made me rush and get in between.” Malcolm acknowledged that she did not see the entire interaction between the pair.

When she got between them, Malcolm testified she was facing Ellis, who was reaching with her arms. Malcolm said she suffered a cut to her forehead during the incident.

“Cardi B was behind me. The only assumption I had was that it was from Ms. Ellis as she was facing me,” she testified. “I see her hands trying to reach over me.”

Asked if Cardi B could have caused the injury with one of her nails, she replied, “But she was behind me.” She said it was a nurse who noticed the cut to her forehead.

The doctor said he was “just flabbergasted with the allegations that don’t seem congruent with what i saw that day.”

Following the incident, he said he eventually persuaded Ellis to get on the elevator and leave the floor.

Cardi B testified Wednesday that her social media followers alerted her that the guard had gone online about the incident, where she responded, calling the accusations lies.

The defense ended at the end of Wednesday’s session.

For the third day of the trial, the rapper, known for her daring style choices, donned a long black wig. The first day of the trial, she sported short black hair, followed the next day by a blond showgirl hairstyle.

Cardi B testified Tuesday that she never touched, scratched or spat at a security guard who is suing her over an alleged assault by the pop star outside a Beverly Hills obstetrician’s office.

The rapper, whose real name is Belcalis Marlenis Almánzar, took the witness stand in the second day of the civil trial in an Alhambra court and vigorously denied assaulting Emani Ellis on Feb. 24, 2018. Cardi B was visiting the 5th-floor office of the obstetrician at the time and was four months pregnant with her first child.

“It was a verbal incident,” insisted Cardi B. “She didn’t hit me. I didn’t hit her. There was no touching. So, to me, it wasn’t no incident.”

The rapper did say that they went chest to chest in the hallway outside the doctor’s office, and that she called the guard a “b—” because she believed Ellis was recording her with a cellphone.

“Was there spitting?” the security guard’s lawyer, Ron Rosen, asked.

“Absolutely not,” Cardi B replied.

“Did you call her the N-word?”

“No,” the performer replied, noting that she considers herself “Afro-Caribbean.”

“Did you take a swing at her?” Rosen followed up.

“No,” replied Cardi B, who insisted it was a “verbal fight. … It did not get physical at all.”

Rosen delved into the difference between a fight and a verbal altercation, asking whether he and the pop star were then having a verbal altercation. Cardi B replied that they were debating, a statement that was greeted with laughter in the courtroom.

The lawyer countered, “We’re debating about whether you assaulted and battered Ms. Emani Ellis?”

“I guess so,” replied Cardi B. “But I didn’t touch her. She didn’t touch me.” The recording artist said there were no videos of the incident.

Ellis filed suit in 2020, alleging assault, battery and intentional infliction of emotional distress as well as negligence and false imprisonment.

Ellis, who worked as a security guard at the building where Cardi B had her medical appointment, said during testimony on Monday that she was doing her rounds when she saw the celebrity get off the elevator. She testified that she was overcome with excitement and declared, “Wow, it’s Cardi B.”

Ellis said the performer then turned to her and said, “Why the f— are you telling people you’ve seen me?” Cardi B then accused her of trying to spread news about her being at the doctor’s office, she testified.

Cardi B cursed at her, used the N-word and other slurs, called her names, threatened her job, body-shamed her and mocked her career, Ellis said. She alleged Cardi B spat on her, took a swing at her and scratched her left cheek with a 2- to 3-inch fingernail.

Cardi B said when she turned around after getting off the elevator, she heard Ellis say her name and then saw Ellis with her cellphone and said, “Why are you recording me?” The performer said the guard said, “My bad,” but continued to follow her and said she had the right to follow her.

Cardi B said that they went chest to chest and that she did curse at Ellis but that she never touched the guard, who was physically larger. When the obstetrician’s receptionist finally came out, the guard alleged the singer had hit her — something that Cardi B said never happened.

The rapper conceded she never saw proof that Ellis was recording her. She said her appointment was both sensitive and confidential; she was seeing a doctor because of concerns about her pregnancy, which wasn’t yet public.

For the second day of the trial, the rapper — who is known for her daring style choices — donned a blond showgirl hairstyle that contrasted with the black short hair she wore during the first day of testimony. Under questioning, she said they were both wigs and that she had 1-inch nail extensions.

She refused to concede that she usually wore 2- to 3-inch nails, replying that sometimes she does and sometimes she doesn’t.

WASHINGTON — Coming to court this week, a police officer’s widow wanted to prove that a man assaulted her husband during a mob’s attack on the U.S. Capitol and ultimately was responsible for her husband’s suicide nine days later. A jury’s verdict on Friday amounted to only a partial victory for Erin Smith in a lawsuit over her husband’s death.

The eight-member jury held a 69-year-old chiropractor, David Walls-Kaufman, liable for assaulting Metropolitan Police Officer Jeffrey Smith inside the Capitol on Jan. 6, 2021. They will hear more trial testimony before deciding whether to award Erin Smith any monetary damages over her husband’s assault.

But the judge presiding over the civil trial dismissed Erin Smith’s wrongful death claim against Walls-Kaufman before jurors began deliberating. U.S. District Judge Ana Reyes said no reasonable juror could conclude that Walls-Kaufman’s actions were capable of causing a traumatic brain injury leading to Jeffrey Smith’s death.

Reyes divided the trial into two stages: one on the merits of Erin Smith’s claims and another on damages. The damages phase is expected to stretch into next week.

Erin Smith claimed Walls-Kaufman gave her husband a concussion as they scuffled inside the Capitol. Jeffrey Smith was driving to work for the first time after the Capitol riot when he shot and killed himself with his service weapon.

His widow claims Walls-Kaufman struck her 35-year-old husband in the head with his own police baton inside the Capitol, causing psychological and physical trauma that led to his suicide. Jeffrey Smith had no history of mental health problems before the Jan. 6 riot, but his mood and behavior changed after suffering a concussion, according to his wife and parents.

Walls-Kaufman, who lived near the Capitol, denies assaulting Jeffrey Smith. He says any injuries that the officer suffered on Jan. 6 occurred later in the day, when another rioter threw a pole that struck Jeffrey Smith around his head.

Walls-Kaufman served a 60-day prison sentence after pleading guilty to a Capitol riot-related misdemeanor in January 2023, but he was pardoned in January. On his first day back in the White House, President Donald Trump pardoned, commuted prison sentences or ordered the dismissal of cases for all of the nearly 1,600 people charged in the attack.

Trump’s sweeping act of clemency didn’t erase Erin Smith’s lawsuit against Walls-Kaufman.

Erin Smith, the trial’s first witness, recalled packing a lunch for her husband and kissing him as he headed off to work on Jan. 15, 2021, for the first time after the riot.

“I told him I loved him, said I would see him when he got home,” she testified.

Within hours, police officers knocked on her door and informed her that her husband was dead. She was stunned to learn that he shot himself with his service weapon in his own car.

“It was the most traumatic words I’ve ever heard,” she recalled. “You just don’t know what to do.”

Walls-Kaufman’s attorney, Hughie Hunt, urged jurors to “separate emotion” and concentrate on the facts of the case.

“This is tragic, but that doesn’t place anything at the foot of my client,” Hunt said during the trial’s opening statements.

Jeffrey Smith’s body camera captured video of his scuffle with Walls-Kaufman. In his testimony, Walls-Kaufman said he was overcome by “sensory overload” and “mass confusion” as police tried to usher the crowd out of the Capitol.

“I couldn’t tell who was pushing who or from what direction,” he said.

The police department medically evaluated Jeffrey Smith and cleared him to return to full duty before he killed himself. Hunt said there is no evidence that his client intentionally struck Jeffrey Smith.

“The claim rests entirely on ambiguous video footage subject to interpretation and lacks corroborating eyewitness testimony,” Hunt wrote in a court filing in the case.

More than 100 law enforcement officers were injured during the riot. Capitol Police Officer Brian Sicknick collapsed and died a day after engaging with the rioters. A medical examiner later determined he suffered a stroke and died of natural causes. Howard Liebengood, a Capitol police officer who responded to the riot, also died by suicide after the attack.

In 2022, the District of Columbia Police and Firefighters’ Retirement and Relief Board determined that Jeffrey Smith was injured in the line of duty and the injury was the “sole and direct cause of his death,” according to the lawsuit.

Kunzelman writes for the Associated Press.

Orange County Dist. Atty. Todd Spitzer harassed and retaliated against a high-ranking female prosecutor in his office after she raised concerns about his conduct and tried to protect other prosecutors who were sexually harassed by another superior, according to a jury verdict Thursday.

The jury, which heard the case in San Diego County to avoid potential conflicts, found Spitzer acted with malice against Tracy Miller, who was at one point the highest-ranking woman in the prosecutor’s office.

The jury also found that the county did not take reasonable steps to prevent workplace harassment, and took “adverse employment action” against Miller.

“Tracy Miller had the fortitude to resist the most powerful law enforcement person in the county, and she prevailed,” John Barnett, Miller’s attorney, said after the verdict was read. “It took a lot of courage, and the jury saw that she was right.”

The county declined to comment on the verdict.

The jury found the county, Spitzer and former Chief Assistant Dist. Atty. Shawn Nelson liable for $3 million in damages, including $1.5 million for past emotional distress.

Late Thursday, the jury also ruled Spitzer would be liable for an additional $25,000 in punitive damages.

In a statement to The Times, Spitzer said he accepted “full responsibility for any and all actions which occur in my administration, including my own actions and the actions of my former Chief Assistant District Attorney Shawn Nelson.”

Spitzer, in the statement, made no mention of the allegations of retaliation or harassment made by Miller in the lawsuit but said he had “set a very high standard which I expected all my employees to meet, and Ms. Miller was overseeing extremely important assignments.”

“It is no secret that there was a lot of frustration on my part with her lack of performance in handling these very serious matters,” Spitzer said in the statement after the jury returned with their verdict. “I respect the jury’s decision, and I am heartbroken over the fact that any of my actions could have been interpreted as anything other than a good faith effort to clean up the public corruption in the Orange County District Attorney’s Office, and to create a work ethic that adheres to what Orange County residents demand of its District Attorney.”

Unlike criminal trials, civil trials in California do not require a unanimous verdict. In this civil case, juror decisions ranged from 12 to 0 to 9 to 3 for the various claims upheld against the defendants. The jury voted 10 to 2 to award punitive damages against Spitzer.

Miller accused Orange County, Spitzer and Nelson of retaliation and forcing Miller out after she objected to Spitzer’s actions while heading the office. Miller alleged she tried to protect female prosecutors from being retaliated against after they alleged they were sexually harassed by Gary LoGalbo, a former supervisor who was also friends with Spitzer.

Former and current prosecutors in the office described a “challenging” and “demanding” environment inside the prosecutors office, but some said they faced threats of being fired or demoted.

In her testimony, Miller said Spitzer and Nelson used “gender-based slurs,” disrespected her and undermined her authority in the office.

According to her suit, Miller alleged she had raised concerns that Spitzer had violated the Racial Justice Act by bringing up questions about race while determining whether to seek the death penalty against a Black defendant, and that Spitzer used race in case assignments.

Miller said in court that Spitzer, in retaliation, had threatened to fire her close friends in the office and dismantle programs she had spearheaded.

But much of the trial centered on what occurred shortly after several female prosecutors alleged they were sexually harassed by LoGalbo, a former police officer and the best man at Spitzer’s wedding.

When an internal county investigation confirmed the women were harassed, the report identified Miller and her testimony by describing her position and gender. Afterward, Miller testified, Spitzer targeted her and criticized her for writing notes during executive meetings.

“You could see anytime a subject came up, Tracy was taking notes about our meetings,” Spitzer testified. “There was a point of time where it was very curious to me, why do you seem to be memorializing everything we’re doing?”

Spitzer, who testified on multiple days during the trial, denied the accusations of harassment and retaliation. He acknowledged deep tensions within the office after he assumed the role in 2018 but attributed the opposition to employees who supported the previous district attorney, Tony Rackauckas.

“I knew it was going to be miserable, and it was miserable,” Spitzer said in testimony, at one point wiping away tears.

He said that was part of the reason he chose Nelson, now a county Superior Court judge, as chief assistant district attorney when he first took office.

“I picked him because I was going into battle, in the lions’ den,” Spitzer said.

But Miller testified Nelson’s actions also raised problems in the district attorney’s office after the allegations of sexual harassment were made. For example, prosecutors testified that during a sexual harassment training session for managers, Nelson stood up and said there were “no victims.”

On Thursday, one of the attorneys representing Miller urged jurors to seek punitive damages against Spitzer, arguing that the acts of retaliation and harassment against Miller were not isolated events.

“This wasn’t just a single incident,” he told jurors. “It wasn’t negligence. This was intentional. It was a long-term, long series of events.”

In his statement Thursday, Spitzer apologized while also criticizing Miller’s work performance during her time in the office.

“In hindsight, I realize that I was not as sensitive to the issues Ms. Miller was facing at the time as I should have been, and for that I am truly sorry,” the statement read.

Tracy Kennedy, an attorney representing the county, told jurors that there was no need to seek additional punitive damages against Spitzer, and that the $3 million sent a message to the district attorney about his behavior in office.

“He’s heard it, he understands,” she said. “He has been punished.”

The county still faces eight sexual harassment lawsuits involving allegations that were made against LoGalbo.

“It’s very important for the public to know what happened,” said Barnett, Miller’s attorney. “I was confident that our case was strong and we were right.”