Weather | Beachcam
Login | Contact Us | Staff | Site Map | Archives | Alerts | Electronic Edition | Subscribe to the paper

HomeNewsLocal News

Rape claim against officer sent to DA

Oxnard police force investigating 12-year-old's accusation


Download Podcast  Download this story as a podcast!

An Oxnard police investigation into allegations that an on-duty officer raped a 12-year-old Ventura County girl was forwarded Thursday to the District Attorney's Office.

The Police Department is not making any recommendations in the report on Senior Officer Martin Polo, Chief John Crombach said Thursday.

"They're the legal experts," Crombach said of the District Attorney's Office. "They will go over this."

District Attorney Greg Totten could not say how long it would take to determine whether his office would file charges against Polo.

"It's going to take awhile," Totten said Thursday. "Oxnard has done an exceptionally thorough job of conducting an investigation, and there's lots of information to go through."

The District Attorney's Office could augment the report with its own investigation if warranted, Totten said.

Polo, a 20-year veteran in the department, has been on administrative leave with full pay since the girl's family filed a $1.5 million claim against him and the city on Aug. 3. The family has since sued the city and Polo for $10 million, said Alan Wisotsky, an Oxnard attorney representing the city.

Polo earns an annual salary of $84,158, according to city officials.

Polo did not return a call to his city cell phone Thursday. And Jill W. Babington, Polo's Los Angeles attorney, did not return a phone call seeking comment.

The family's claim alleges Polo, 43, raped the girl on Aug. 14, 2006, in a police substation after she sought his assistance. The girl was 12 at the time of the incident and described as emotionally troubled, according to the claim.

The Star does not name victims of alleged sexual assaults.

The alleged attack caused the girl "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 girl has been living in a lockdown facility in Utah, where she gets psychological treatment, said Etan Z. Lorant, the family's Encino attorney.

"It's the best place for her," Lorant said Thursday.

Noting that his client remains traumatized, Lorant is urging the District Attorney to file charges against Polo.

"When a police officer betrays the trust of a 12-year-old, not only is the child hurt, but the entire community is hurt," said Yael Trock, the family's other attorney.

The family filed its suit in U.S. Federal District Court in Los Angeles on Sept. 26, Wisotsky said. Charges in the suit include violations of federal and civil rights, assault and battery, negligence and intentional infliction of emotional distress. No trial date has been set, Wisotsky said.

The Police Department launched its investigation in 2006 without Polo's knowledge — about a year before the family filed a claim.

"We needed to be absolutely sure throughout and leave nothing unturned," Crombach said when asked why the investigation took 18 months.

"It's not as simple as calling someone in for an interview," Crombach said, adding that the investigation involved lab work "and a lot of things we can't go into at this point."

The department initially tried various investigative techniques, including electronic surveillance of Polo by the Federal Bureau of Investigation. Polo was not aware he was being monitored, Crombach said.

Department officials abandoned that approach around mid-2007, Crombach said.

Crombach declined further comment on the case.

Polo was informed of the investigation after the family filed the claim, the first step toward filing a lawsuit.

The Police Department's Internal Affairs Division also is conducting a separate administrative investigation. Officials expect that to conclude in about two weeks, Crombach said.

Regardless of the District Attorney's decision, Polo could face charges under the administrative process, including termination, Crombach said.

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 that ran over and killed Cindy Connolly, 49, of Sioux City, Iowa, while she was sunbathing on Mandalay Beach. Polo was not the subject of that investigation.

In November, the city paid Connolly's family $2.75 million.

Discussions

Posted by AnnaWhaat on February 15, 2008 at 6:24 a.m. (Suggest removal)

Bruce does not have the time to read each and every comment. Someone probably suggested removal on your comment......Just my thought!

Posted by freethought on February 15, 2008 at 7:05 a.m. (Suggest removal)

adam.roland - I didn't read your previous comments before they were removed, so I can't comment one way or the other on them.

With that said, I will vouch that there is nothing even slightly offensive ro threatening about your comment above. If it's removed, the VC Star will have to remove this comment as well in order to "clean up". I don't think that will happen, but we'll see.

Posted by bbofvta on February 15, 2008 at 8:06 a.m. (Suggest removal)

I looked thru the employment ads in your paper for the past few days and did not see an ad for an editorial writer. This is curious to me, as it seems that adam.roland feels that it is his job, his mission in life, to tell you how to report and write, and how law enforcement should perform that job.

He seems especially knowledgeable about Officer Polo, Chief Crombach, and the Oxnard Police Dept.

I wonder if it ever occurred to him to compare the Duke LaCrosse case with this one involving Officer Polo. The rush by the District Attorney in the Duke case, before the victim could be assessed, led to dismissal of all charges, the resignation and disbarment of the District Attorney and a huge smear of on the entire community. Does adam.roland feel that it is always worth the chance for this to happen if a police officer, or department, can be publicly smeared first?

Surely, in the Duke case, as well as this case involving Polo, a jury pool of impartial jurors would be hard to find from the local citizenry. The trial would have had to be moved, and the local press would not cover it as closely as if things were held "at home" in front of people most closely affected by the alleged crimes of officer Polo. I guess that doesn't bother adam.roland, either, so long as he gets to first smear Polo and OPD in the press.

What is his objective here? Does he want justice for the potential victim, or shame and ruin for Polo, Crombach, or the OPD?

I really think you guys are missing the boat by not hiring him to tell you, and the community, how outraged they should be by the world that roland sees around him.

Maybe the Star, or National Enquirer, have an opening for someone like adam.roland, who likes to exaggerate events so as to embarrass, rather than inform.

Posted by peterpan11 on February 15, 2008 at 9:58 a.m. (Suggest removal)

So Polo was monitored for over a year without his knowledge by the department without any hard evidence and just an accusation. Sounds to me like a OPD witchhunt. It sad to know a hardworking honest police officer can do his job everyday, get accused by a mentally unstable person, go on administrative leave, have all his phone conversations tapped and wired then also have his own department not back him up. Its a sad day.

Posted by hanuman on February 15, 2008 at 10:07 a.m. (Suggest removal)

Ahem...ummm...when was the last time we saw the prosecution of a law enforcement officer of any jurisdiction in Ventura County? Ain't gonna happen, whether he did it or not. Here in Ventura County, the police kill, maim, and apparently may also rape with impunity. Fact of life. My heart breaks for the victim and her family.

Posted by janabanana71 on February 15, 2008 at 10:39 a.m. (Suggest removal)

Hanuman--if this case should ever go to trial, I'm sincerely grateful that you aren't going to be part of the jury panel, seeing as you have already found the defendant guilty without any hard evidence. Heck, all you have to go off of is the report from the Ventura County Star! It must be amazing for you to be so knowledgeable and such a "fair" judge of all! Who needs a thorough investigation when the county has YOU?

Posted by NothingButTheTruth on February 15, 2008 at 11:29 a.m. (Suggest removal)

adam.roland and ALL commenters are aware this has been an extensive, very thorough investigation and it will take the D.A.'s Office time to analyze ALL the data. Then if they still have questions, they can launch their own investigators to probe further. I know adam. and others just can't wait to get out the rope and hang Polo, but sorry, we live in a system with justice and the end result will take time. Perhaps every anger filled commenter could take a chill-pill and wait for the D.A.'s decision. AFTER the decision, then go at it again.

Posted by B8R_N4MD on February 15, 2008 at 11:32 a.m. (Suggest removal)

Hanuman, how quickly you forget. There have been quite a few Ventura County Officers and Deputies charged with crimes in the last few years, from not destroying property to keeping property for themselves to spousal battery. All well documented in this newspaper.
Let us not forget everyone is innocent until proven guilty, and every person accused deserves a thorough investigation.

Posted by holdenon_2000 on February 15, 2008 at 11:59 a.m. (Suggest removal)

This guy should have been fired when they ran over the sunbather. He has been on paid leave longer than he has worked over the past few years. Waste of Tax payer dollars $84,000. And remember that he already cost tax payers millions to settle the case when he was cruising the beach with the radio blaring and his foot on the Dash. If this is an example of a good cop, then we have problems. He is a horrible cop, who makes way too many mistakes, and still gets paid. Would a Pizza delivery driver keep his job if her ran over some one. Doubt it, but then again cops live up to lower standards than the rest of us.

Good cops should be rewarded, bad cops should be fired. He should be fired. Plain and simple.

Don,t give me that crap that people target him, and he is the victim. I guess that poor lady that got ran over rolled under the tire, just to victimize this officer.

$84,000 tax paying dollars down the drain, plus millions, and he is still not being held accountable. Oxnard Police Department is in such disarray, I can't believe we put up with this as citizens. This idiot even gave me a ticket for crossing a double yellow, to avoid an accident, and told me "a law is a law". Come on idiot, get out and do your job, direct traffic, not write tickets when an accident occurs. He could have directed traffic, and I would not have had to break the law, instead he pulled over myself and 4 other people who drove around the accident and crossed a double yellow to do so. Even the guy who he tried to pull over, but ran the red light, should have been chased instead of giving tickets to innocent motorists, who used great judgment, not like the idiot cop POLO, who has shown very poor judgment and it has been documented that he uses poor judgment, yet the city cant fire him. Come on make cops pay for their mistakes, and maybe they will stop making mistakes.

Posted by hanuman on February 15, 2008 at 12:18 p.m. (Suggest removal)

Every incident resulting in the death or injury of a civilian, with the possible exception of a single case of spousal abuse, resulted in no prosecution. And, if you took the time to read my initial post you would have to admit that I stated "...apparently may also rape...". If a crime has been committed, there is a victim and a perpetrator. The DA's office apparently, after a lengthy investigation, is convinced there is enough evidence of a crime to seek prosecution. So I'm guessing they have a crime and a victim. I don't know if Polo is the perpetrator or not. Only a trial will tell. It's nice to see Mr. Polo has so many friends willing to speak for his integrity. The DA's office will, hopefully, speak up for the victim of a very ugly crime. If Polo is prosecuted for a violent crime against a civilian, it will be a historic event for Ventura County, whether he is found to be guilty of that crime or not. If he is not guilty, and we still have a crime and a victim, then we still have a rapist who has preyed on a 12-year old child, possibly in a police station, on the loose. Defend Polo's character all you want, but please do not deny the victim of a horrible crime her due process.

Posted by hanuman on February 15, 2008 at 12:22 p.m. (Suggest removal)

Thank you, holdenon_2000, your point is well-made, and hopefully well-taken.

Posted by AnnaWhaat on February 15, 2008 at 12:47 p.m. (Suggest removal)

bruceizaweeknee ,oh he had one! Right above mine if you noticed from my comment.
holdenon_2000 ,Just curious did you try to fight the ticket in court? I would have!
It is stated this girl has mental problems....I would take that into thought that a through investigation should be done. It may not have even happened. Was a rape kit done? I havent heardd? She is now in a LOCKDOWN facility !!!! Shouldn't she be with her Mother who can comfort her the most????

Posted by pific on February 15, 2008 at 12:53 p.m. (Suggest removal)

HmmmmmOur citizens are not being kept current when one of Oxnard's finest is involved in an investigation. But if it was another person from any other profession, not only would police reveal all the particulars but they would provide additional info. not pertinent with the case

Posted by peterpan11 on February 15, 2008 at 1:22 p.m. (Suggest removal)

holdenon_2000
Polo wasnt driving so therefore he didnt run anyone over. Drama king get your facts straight.

AnnaWhaat
There wasnt a rape kit done because the mentally unstable girl and her parents reported this "so-called rape" a YEAR later.

Sounds like alot of frivilous BS to me as usual.

Posted by hanuman on February 15, 2008 at 1:59 p.m. (Suggest removal)

The DA's office seems to believe they have enough evidence of a crime to go to trial, regardless of what our panel of experts has to say. Funny, how good and righteous the DA is in his pursuit of justice, until he suggests the investigation or prosecution of a cop. Then he is "frivolous, as usual."

Posted by AnnaWhaat on February 15, 2008 at 4:40 p.m. (Suggest removal)

peterpan11,Thanks I was not aware of that.

Posted by ironwoman on February 15, 2008 at 4:53 p.m. (Suggest removal)

It looks like adamroland was banned from the comment section.....a great choice made by the Star mod. I was wondering how long someone can go on bashing law enforcement.
I just want to say that I had a dealing with Martin Polo about 6 years ago. I needed assistance at home because gang members were harassing me and my spouse. Polo was outstanding...he was very proactive in our neighborhood. He took our complaints seriously. We ended up moving out of Oxnard but if I still lived there, I would definitely call him for help. He's anti-crime. WHat more do you want from a Police Officer.

Posted by mikesmason on February 15, 2008 at 6:01 p.m. (Suggest removal)

"What more do you want from a Police Officer."
How about not raping and running over people.

Posted by ironwoman on February 15, 2008 at 7:21 p.m. (Suggest removal)

Huh?

Posted by mikesmason on February 15, 2008 at 8:42 p.m. (Suggest removal)

Duh?

Posted by freethought on February 15, 2008 at 10:39 p.m. (Suggest removal)

Wow! They actually did ban Adam Roland from posting. I have read comments from him here and there, and I have seen how bitter the man can be. However, he said nothing offensive here or broke any of the rules you set (his was the first comment listed, but now is missing from this page). Maybe, he posted something disrespectfull on another article which lead to his being banned, but he said absolutely nothing offensive here.

VC Star, your level of censorship has really surprised me today. This type of action does not make you look good. I am not defending Mr. Roland. I am simply reminding you of your responsibility to your readers (of which I am one). Either allow everyone to speak their mind (within the guidelines set below) or remove the comments section altogether.

Posted by freethought on February 15, 2008 at 10:46 p.m. (Suggest removal)

On the story itself, I don't see enough in this or any other article on the subject to make a sound judgment either way. Officer Polo could be guilty of the accusations made, or the victim might have made the whole thing up (mental instability, waited a year to re;port, etc.). There's just not enough information made available. WWe'll just have to wait and see.

Posted by gingergazette on February 16, 2008 at 5:35 a.m. (Suggest removal)

Don't you guys think that this goes deeper than POLO. Think about this. We all know the police are corrupt. They want him out for some reason. NOT for raping this girl. That is why he is still on PAID leave and the investigation has taken so long. They have NOTHING on him. Maybe just maybe he is the good cop and the others the bad ones want him out for not being on thier side for something that THEY did. Also when was the last time you heard of a 40 year old man all of a sudden becoming a rapist or a pedifile?? Dosent happen. And at this point in time some one else would of come forward making accusations against him. FYI the girl has been in and out of mental instutions most of her life. And to further add to your pot the father has had nothing to do with her until he saw an opportunity to make some money. And if he does get money you can be sure he will not give any to his daughter. The story is much deeper than you guys know. Stop bashing Polo for you do not have all the facts and proably never will.

Posted by ironwoman on February 16, 2008 at 8:17 a.m. (Suggest removal)

mikesmason-grow up. Your comment was irrelavant. Polo didn't run anyone over...he was the passenger...don't you read the paper? He also is alleged to have raped the girl...not proven yet. So what is your point? Anti-Cop?

Posted by peterpan11 on February 16, 2008 at 11:11 a.m. (Suggest removal)

gingergazette
Right on the money!

Posted by ebrockway on February 16, 2008 at noon (Suggest removal)

gingergazette;
"We all know the police are corrupt"
Huh?
Wow, Oxnard must really be a mess if you have info that "the police are corrupt". Maybe you could come forward and enlighten us? Something beyond a B-movie script hopefully?

Posted by mikesmason on February 16, 2008 at 12:42 p.m. (Suggest removal)

catlover, I am anti criminal, cop or non cop. I am also anti cat and anti catlover.

Posted by peterpan11 on February 16, 2008 at 4:01 p.m. (Suggest removal)

TheVeracious1

Whats sad is how a 20 year veteran of law enforcement and highly respected member of the community is bashed on by yourself and everyone else here without any proof. I know of this saying and it goes, "innocent into proven guilty". Also take this into consideration.... Polo was already under enough heat because of the cindy connolly death. He was being scrutinized by everyone and their mother. Do you think he would be so stupid as to sexually assualt this girl when he knows hes being watched so closely by everyone. If you know the police are outside staking out your house, are you going to deal drugs out of it. Think about it.

Posted by gingergazette on February 16, 2008 at 6:31 p.m. (Suggest removal)

My statement was broad when I wrote all police are corrupt. My mistake..But I do not need to bring any evidence forward as they have it all and that is the problem..they are reaching for something to find on him..to get him out. It is all political like everything else and they cant just fire him for nothing. But some of you posters are ignorant of what is really happening in the world..THEY dont tell us everything. And yes this leaves us guessing..get on with your life. What is happening here is not going to effect your family. Forget about it.
FYI PeterPan said "witch hunt" not me.
And PeterPam is just trying to keep you guys focused. He is not saying anything that is not true.

Posted by jill on February 17, 2008 at 9:10 a.m. (Suggest removal)

An officer in Santa Maria was just convicted of the same thing. Too bad these bad apples get through. They give the great officers who work so hard and risk everything a bad name.

Posted by B8R_N4MD on February 17, 2008 at 2:55 p.m. (Suggest removal)

"Proof" was not turned over to the DA's Office. It was stated all the facts gathered in the investigation of the case were turned over to the DA to decide if enough evidence exists to warrant prosecution. If proof is overwhelming, the suspect would be arrested. From reading the articles on this case, I believe that the evidence may be lacking. Only until the DA makes a decision will we know. But until then Polo shouldnt be convicted. Some of you have him already convicted by what you read in the article and the comments section. I hope you are never on a jury.

Posted by gingergazette on February 17, 2008 at 5:14 p.m. (Suggest removal)

to the veracious1..
there is NO proof that he did anything. My point is that it goes deeper than this and it is internal and that is what you should be afraid of not Polo. And when I said this is not effecting your family what I guess I should of said is that people waste their time on this blogging stuff...spend time with your family or where your comments and concerns count..
As a tax payer I am more than happy to pay for his time off......He is innocent until proven guilty..and that will never happen..You must dig deeper.

Posted by imbetnonit on February 17, 2008 at 9:43 p.m. (Suggest removal)

If I were a cop, I would not allow myself to be alone with a young female at a sub-station office. But that's just me. I would think, if I were an innocent officer, that I deal with scandelous people every day and I should be smart enough to protect myself from exposure due to an improper situation. Whether the officer is guilty or innocent, he doesn't appear to be very smart.

Posted by cn_is_blvn on February 19, 2008 at 12:26 a.m. (Suggest removal)

Very interesting! Where are those laws to protect minors now? I am interested to learn what the investigation/monitoring involved. Was his personal computer, phone records investigated. I would like to hear Detective Giles investigative analysis on this one. Where is she now? Ventura County receives good $$ for every sex crime conviction, therefore they thrive on these cases. An investigation should be done on past Ventura County Sex Crime Conviction and those that were filed through OPD. Why is it that Oxnard is the only city to have it's own PD in Ventura County? Demographics, right! This justifies their independence to get away with their abuse. He should be incarcerated until proven innocent or guilty just like all the others have. I'm sure if he is charged he'll plea bargain or go to trial without a jury. He can also manipulate the system for as long as he's on paid leave he can post pone exhausting time. If the victim doesn't testify he is 99.9% going to walk. And for as far as the investigation that's like having my family investigate me! If he is found guilty this will have a great impact on the DA, possibly opening many cans of worms for them. So it will be a lengthy process.

Posted by imbetnonit on February 19, 2008 at 12:27 p.m. (Suggest removal)

Well, gingergazette, I am NOT happy to pay for his time off. His stupidity will now effect the way everyone looks at his fellow officers. That little seed of doubt will tear away at the respect that other (smarter) officers deserve. I am not happy to reward this officer when all he had to do was have another person present. That would have protected him and the young female. I don't understand why stupidity is rewarded and intellegence is ignored.

Posted by hopeless on February 29, 2008 at 4 p.m. (Suggest removal)

Fact: OPD is largely corrupt. Their internal affairs division rarely recommends charges be filed on any of their own officers. In addition, other agencies "cooperate" with each other to cover up each other's corruption. For instance, earlier this year (2008) CHIEF CROMBACH was picked up by a non OPD officer for drunk driving. Instead of arresting CHIEF CROMBACH for being over the legal limit, the Ventura County Sheriff's Department drove CROMBACH home. I think the next time any of us go out for drinks, instead of calling YELLOW CAB, we should call the Sheriff's Department. You know for the longest time people believed President Clinton "did not have sexual relations with that young woman." For the longest time people would comment, "Innocent until proven guilty...." But come on. The whole department protects each other and brag behind the scenes. Martin was famous for girls on the side on duty. His officers were and are still notoriously predatory on the job...on their beat. It was common knowledge the Hemlock and Victoria police substation was used for sex while another cop on the same beat would "sit guard" until the act was complete. Now, the case has been delivered to the District Attorney. This could be such an opportunity for uncovering corruption within the department. Ask yourself, why would Crombach recommend charges if they all know about his own cover ups? The District Attorney needs to sink their teeth into this case and tear into OPD.
I hope they know we are all watching. As far as a separate and curious observance...which comments will the Star delete? Makes you wonder about all the interconnections.



Discuss this article
(Requires free registration.)

Article discussions on this site are to support community debates of issues related to our stories and editorials.

Discussions should not stray from the subject of the story or editorial.

We do not allow the following:

  • Posts that degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation or disability.
  • Disparaging remarks, abusive language or obscene comments.
  • Threats, whether obvious or veiled.

We reserve the right to delete threads and/or ban users for these or other reasons we deem necessary.

Opinions are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.

Username:

Password:
(Forgotten your password?)

Your Turn:

Loading videos... If you don't see them shortly, you may need to download the Flash Player.