A county law enforcement watchdog agency confirmed Friday that it has opened an investigation into racial comments made by Orange County District Attorney Todd Spitzer while discussing whether to seek the death penalty in a capital murder case.

The Orange County Office of Independent Review is probing whether comments made by Spitzer related to the Jamon Buggs’ double-murder case were racially charged, as well as whether the DA’s office’s is complying with Marsy’s Law, which outlines the rights of crime victims, said Sergio Perez, the OIR’s director.

Spitzer during an Oct. 1 meeting about whether to seek the death penalty against Buggs – a Black man accused of killing a White couple – asked about the race of Buggs’ former girlfriends, according to memos written by former Senior Assistant District Attorney Ebrahim Baytieh.

Spitzer during the same meeting said he “knows many Black people who enhance their status by only dating ‘White women,’” according to the memos.

Perez said he will look “not only at those comments, but understanding the consequences of those comments.”

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“The hope is the office of independent review can clarify what took place, clarify the facts and if necessary make recommendations about how to avoid these type of incidents repeating,” Perez said.

Spitzer in a statement released Friday noted that he had pushed to expand the OIR’s jurisdiction to cover the DA’s office when he was a county supervisor.

“Of course we will fully cooperate with any investigation,” Spitzer said. “There is absolutely zero truth to the allegations.”

Spitzer has previously said he was trying to determine the potential racial overtones of the Buggs case, though he has acknowledged that he “used an example that was insensitive” and described his own comments as “inartful.”

Civil rights groups – including the California and Hawaii chapter of the NAACP – have criticized Spitzer for the comments, and some other district attorneys have withdrawn their endorsement of his re-election.

The mother of one of Buggs’ alleged victims has also alleged that Spitzer violated Marsy’s Law – which he co-wrote – by not telling her of his decision not to seek the death penalty before he informed the court that they would instead seek life without the possibility of parole. The DA’s office has countered that the views of the victims were considered during the deliberations regarding whether to seek the death penalty.

The office of independent review does not have the power to directly discipline the DA’s office, though it can publicly release its findings and recommendations.

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