Jury Finds No Harassment by Conroy

SACRAMENTO —  A jury Tuesday rejected sexual harassment and battery allegations against former Assemblyman Mickey Conroy and his top aide, but found that the pair inflicted emotional distress on an office assistant and awarded her $386,000.

Both sides claimed victory after the eight-man, four-woman jury delivered its split verdict in a case that challenged both the behavior of a prominent former legislator and the moral integrity of the Assembly itself.

Conroy and former chief of staff Pete Conaty said it proved that they were innocent of sexually harassing Robyn Boyd, who sued the pair after a one-year stint as a $6-an-hour aide in 1993.

“I know what kind of person I am. I know I have great compassion for people who work for me,” said Conroy, an Orange County Republican. “You just witnessed a waste of taxpayers’ money.”

Added Conaty: “Mickey and I feel vindicated. This three-year ordeal was worse than anything I faced in two tours in Vietnam, including being wounded.”

Boyd, 37, said the verdict was disappointing because the jury failed to accept her claims of harassment, but her attorneys said the size of the monetary award--nearly double what they requested during closing arguments--sends a message to the Legislature to clean up its act.

“If that wasn’t sexual harassment, I don’t know what is,” Boyd said. “In my mind, Mickey Conroy and Pete Conaty knew what they were doing. It was a way of life there, and I think it happens to an awful lot of women in the Assembly.”

Boyd claimed that she was fired for complaining about an office environment that included profanity, sexual innuendo and unwanted physical advances by her bosses. She also alleged that the Assembly, as an institution, failed to prevent harassment of its employees.

Conaty and Conroy denied the allegations, countering that many of the accusations had been blown out of proportion or misconstrued.

After sitting through a five-week trial and more than a week of deliberations, the jury found on a 10-2 vote that the Assembly failed to take all reasonable steps to prevent sexual harassment. The jury also found that Conroy, Conaty and the Assembly negligently inflicted emotional distress on Boyd.

But the panel cleared Conroy and Conaty of sexual harassment, sexual battery, battery and assault. Jurors also said Boyd was not subject to a hostile work environment, gender discrimination or retaliation.

“It is a curious verdict,” said Deborah Rhode, a Stanford Law School professor and expert in gender law. “In many cases if there aren’t clear villains or the facts are murky, juries try to strike a balance. But this is a signal they found the conduct of both parties and the institution very distressing.”

Dennis Murphy, who represented the defendants, said he plans to file a motion to dismiss the jury’s finding that Boyd had suffered emotional distress at the hands of his clients. He said court cases have held that emotional distress awards cannot be made in occupational lawsuits when the employer is covered by workers’ compensation insurance.

“I’m anticipating knocking much if not all of that award down,” Murphy said after the verdict. “This is a big win. We proved the heart of our case--that there was no sexual harassment.”

Boyd’s attorneys, meanwhile, said they would petition the court to have the Assembly pay upward of $600,000 in legal fees they’ve rung up. They also disputed Murphy’s argument that the award can be reduced.

Boyd said the experience has been difficult and that she could not recommend that any woman go through it.

“It was hard having to relive 1993. I felt all along like I was the one put on trial,” Boyd said. “They made every effort they could to trash me and assassinate my character.”

Conroy too appears to have suffered. After serving five years in the Assembly, he left office in November because of term limits. He was trounced in a bid for an Orange County Board of Supervisors’ seat after his opponent repeatedly brought up the harassment case.

“Nothing in my life is going to change,” said Conroy, 69. “I knew that I could meet my maker face to face, whichever way it went.”

In the Assembly, reaction was quick from both sides of the aisle.

“I am delighted to see Mickey vindicated,” said Assemblyman Jim Morrissey, an Anaheim Republican and Conroy’s seatmate for several years. “He was a Marine officer, and he’s always been an officer and gentleman.”

Democrats were hardly so charitable, and several suggested that the lower house still has a way to go. Assemblywoman Kerry Mazzoni (D-San Rafael) said she was “pleased to see the woman received a settlement,” but said the institution “has its work to do. There’s still a serious problem in this building.”