Spitzer allegedly told a group of prosecutors discussing the case of a Black murder defendant that some Black men intentionally date white women to escape 'bad circumstances or bad situations.'
Baytieh wrote in the memo that he did not know the ethnic background of the victims, and the prosecutor assigned to the case said "he does not consider or take race into account," prompting Baytieh to add "that the race of the victims is completely irrelevant and it will be inappropriate for the OCDA to consider or give any weight to the race of the victims."
Spitzer responded "that while he was a student in college, he knew as a matter of fact that one of his fellow Black students who lived in the same location as DA Spitzer only dated `white women,' and that DA Spitzer knew for sure that this Black student did so on purpose to get himself out of his bad circumstances and situations," according to Baytieh's memo.
Spitzer said he had only raised issues about whether the defendant, who was allegedly on the prowl for his ex-girlfriend's new lover, killed the woman based on cross-racial identification. On Jan. 26, 2022, Spitzer issued a memo to all of the prosecutors involved in the October meeting that the Buggs case was being reassigned to a new prosecutor, who would be supervised by Assistant District Attorney Susan Price, who is now running for Long Beach mayor. Everyone else involved in the October Buggs meeting -- including Spitzer himself -- was to be "walled off from any involvement in the case" going forward, Spitzer wrote in the memo.
Spitzer argued "race is a critical issue in this trial." He said he opted not pursue the death penalty for Buggs because defense attorneys have said their client suffered chronic traumatic encephalopathy playing football in high school and college and was subjected to racist taunts going to predominantly white schools.
Spitzer pointed out that the outside law firm investigating the Smith prosecution interviewed Baytieh on Nov. 3, "and it is my unequivocal belief that was not a concern to him -- it became of utmost concern to him after he was interviewed. He had a sense he had a significant problem. He was going to use the race card to send a shot across the bow and extort me. ...
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