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Claim alleges Oxnard officer assaulted girl


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The family of a Ventura County teenager with emotional disabilities has filed a $1.5 million claim against the city of Oxnard, alleging she was sexually assaulted by a police officer.

The claim alleges Senior Officer Martin Polo, 43, raped the girl on Aug. 14, 2006, in a police substation after she sought his assistance. The Star does not name alleged victims of sexual assaults.

Oxnard Police Chief John Crombach said Monday that Polo has not been charged with a crime, but he was placed on administrative leave with pay after the claim was filed more than two weeks ago.

The department's sexual crimes unit has been investigating the case — without Polo's knowledge — for nearly a year, with assistance from the Ventura County District Attorney's Office, Crombach said.

According to the claim, the girl, who was 13 at the time, requested the officer's assistance. Polo then allegedly "placed her into his police vehicle" and drove to a police substation, where he "proceeded to rape her and force himself sexually on (her)" at the substation.

The incident caused the teenager "great bodily pain and shock to her nervous system, humiliation, fear, anxiety, torment, degradation and extreme emotional distress," the claim states, adding that she "may continue to incur medical and psychological treatment expenses in the future."

The teenager is now in a "lock down facility out of state due to her mental and emotional condition," according to the claim, which provides few other details.

"There's no other way than to take allegations of this nature with the utmost seriousness and leave no stone unturned," Crombach said. "Either you make the case or you exonerate the case. One or the other, this is a very serious allegation, and we have taken this very seriously."

A 20-year veteran

The department's internal affairs unit also opened an administrative investigation shortly after the claim was filed on Aug. 3, Crombach said. He added that Polo was apprised of both investigations at that time.

Under an administrative investigation, "we can compel an employee to talk to us," Crombach said. "If they don't answer our questions, they can be terminated."

Under a criminal investigation, a suspect must be found guilty beyond a reasonable doubt, Crombach said.

Crombach said that Polo, a 20-year veteran of the department, was cooperating. The department expects to make a recommendation to the District Attorney's Office in three weeks on whether to file charges.

Crombach declined further comment, citing concerns of compromising the case.

Polo of Oxnard did not return a call Monday.

Until he was placed on administrative leave, Polo was coordinator for police Beat 21, which operates a community storefront substation in the 3000 block of West Hemlock Street.

Encino attorney Etan Lorant, who is representing the teenager, declined comment Monday.

Passenger in beach vehicle

The claim lists three people as "medical providers": Dr. Steven Ruths, a Ventura psychiatrist; George Cave, case manager at Aurora Vista del Mar, a psychiatric hospital in Ventura; and Diane Jackson with Youth Care, a Draper, Utah, residential treatment facility for adolescents.

Ruths, Cave and Jackson all declined comment Monday.

A claim is filed as a precursor to a lawsuit. Claims involving personal injury must be filed within six months of an alleged incident, Assistant City Attorney Alan Holmberg said Monday.

Lorant is seeking an exemption that allows for late claims if the incident involves a minor, someone who is mentally disabled or an excusable mistake.

The claim describes the girl as "mentally and emotionally disabled." Her father did not immediately file a claim because he mistakenly believed the city must finish its investigation first, according to the claim.

This is the second claim against the city for an incident involving Polo. On June 12, 2006, Polo was the passenger in a department sport utility vehicle involved in the death of a woman who was sunbathing on Mandalay Beach. The driver, Senior Officer Frank Brisslinger, was exonerated after an investigation by the District Attorney's Office. Polo was not the subject of that investigation.

The family of the woman, Cindy Conolly, 49, of Sioux City, Iowa, has sued the city for $10 million.

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