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LA County prosecutor testifies embattled Deputy DA broke down when she rebuffed his advances

Feeling isolated and confused, she told her colleague to 'start thinking about your wife and kids'

LA County prosecutor Edward Miller listens to the testimony of his accuser, deputy district attorney Karen Nishita, during the second day of testimony in the civil service commission hearing of the LA County prosecutor who is contesting his demotion for sexual harassment Thursday September 19, 2019.  (Photo by David Crane, Los Angeles Daily News/SCNG)
LA County prosecutor Edward Miller listens to the testimony of his accuser, deputy district attorney Karen Nishita, during the second day of testimony in the civil service commission hearing of the LA County prosecutor who is contesting his demotion for sexual harassment Thursday September 19, 2019. (Photo by David Crane, Los Angeles Daily News/SCNG)
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A veteran Los Angeles County prosecutor said Thursday that disgraced Deputy District Attorney Edward Miller became so distraught by her repeated rebuffs of his romantic advances that he once broke into tears.

It was March 10, 2015, and Miller had just concluded a meeting at his office in the Hall of Justice, Deputy District Attorney Karen Nishita testified during the second day of a Civil Services Commission hearing to determine if Miller’s demotion should stand for more than 2 1/2 years of alleged sexual harassment.

  • Deputy district attorney Karen Nishita testifies against LA County prosecutor...

    Deputy district attorney Karen Nishita testifies against LA County prosecutor Edward Miller during the second day of testimony in the civil service commission hearing of the LA County prosecutor, Miller, who is contesting his demotion for sexual harassment Thursday September 19, 2019. (Photo by David Crane, Los Angeles Daily News/SCNG)

  • Deputy district attorney Karen Nishita testifies against LA County prosecutor...

    Deputy district attorney Karen Nishita testifies against LA County prosecutor Edward Miller, third from left, during the second day of testimony in the civil service commission hearing of the LA County prosecutor, Miller, who is contesting his demotion for sexual harassment Thursday September 19, 2019. (Photo by David Crane, Los Angeles Daily News/SCNG)

  • Kathy Lee, the attorney representing the DA’s office, questions deputy...

    Kathy Lee, the attorney representing the DA’s office, questions deputy district attorney Karen Nishita, during the second day of testimony in the civil service commission hearing of the LA County prosecutor, Edward Miller, who is contesting his demotion for sexual harassment Thursday September 19, 2019. (Photo by David Crane, Los Angeles Daily News/SCNG)

  • Kathy Lee, the attorney representing the DA’s office, questions deputy...

    Kathy Lee, the attorney representing the DA’s office, questions deputy district attorney Karen Nishita, during the second day of testimony in the civil service commission hearing of the LA County prosecutor, Edward Miller, who is contesting his demotion for sexual harassment Thursday September 19, 2019. (Photo by David Crane, Los Angeles Daily News/SCNG)

  • LA County prosecutor Edward Miller listens to the testimony of...

    LA County prosecutor Edward Miller listens to the testimony of his daughter, Carla Miller-Kupchenko, during the second day of testimony in the civil service commission hearing of Miller who is contesting his demotion for sexual harassment Thursday September 19, 2019. (Photo by David Crane, Los Angeles Daily News/SCNG)

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Nishita, speaking in what occasionally was little more than a whisper, recalled that Miller abruptly closed the office door that day, leaving her uncomfortably alone with him.

Miller told her he wanted to rekindle their friendship.

Nishita, who has been with the District Attorney’s Office for 25 years, gave Miller the same reply she had been offering for months when he made such requests — telling him his actions were inappropriate and she wanted to be left alone.

That was apparently too much for Miller, who broke down

“Why are you crying?” Nishita said, recalling what she asked him.

Nishita’s testimony provided a glimpse into what some prosecutors say is a serious problem within the District Attorney’s Office, specifically a culture where sexual harassers are protected while victims and whistleblowers face retaliation .

While Miller was demoted — and Nishita settled a claim against the county for $300,000 — several other prosecutors alleged to have committed sexual harassment have been allowed to quietly retire.

Nishita said she often felt isolated, confused and reluctant to report Miller, who was her boss and second-in-command at the District Attorney Office’s Health Care Fraud Unit.

She eventually confided in a colleague, Deputy District Attorney Tracey Stevens, who filed a complaint against Miller, who is 59.

Miller’s fall from grace is stunning given his courtroom acumen. In 2010, he helped convict seven municipal officials in the notorious Bell corruption scandal. But those accolades and accomplishments allegedly didn’t stop Miller from setting his sights on another prize — Nishita’s affections.

It began on Dec. 14, 2014, when Miller invited her to what he said would be luncheon at a Pasadena restaurant with several co-workers. Nishita was upset and conflicted when Miller told her a few hours before the event that only she and he would be dining.

Reluctantly, she went anyway. “I didn’t want to go, but I had already said yes,” Nishita testified. “I didn’t want to break my obligation.”

Things quickly got weird at the restaurant.

Miller repeatedly offered her effusive praise and seemed perplexed when she didn’t reciprocate. “I don’t do that,” she testified.

Then on the ,drive back to the office after lunch, Miller handed her a small gift bag filled with See’s Candies and made an odd offhanded remark.

“So Victoria’s Secret (lingerie) would have been inappropriate?” she said, recalling what Miller asked.

After parking his car and while walking back to the Hall of Justice, he reached out his hand in what Nishita thought was handshake. Nishita said when she extended her hand, Miller kissed it. “I started walking faster to the (Hall of Justice) entrance,” she testified.

After that encounter, Miller asked her to lunch on at least five different occasion. She begged off, saying she was busy. But Miller persisted, repeatedly referring to her as the “goddess of beauty” and showering her with small gifts such as homemade tamales and a box of candy on Valentine’s Day 2015

“He asked me, ‘Should I stop thinking about you?’ ” she said. “I said, ‘Yes, you should start thinking about your wife and kids.’ “

The hearing, which will determine whether Miller’s demotion from a grade 4 to grade 3 deputy district attorney should be reversed, will resume Friday, Sept. 20.