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Ex-Policeman Seeking $5.5 Million From City; Harassment Is Claimed

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Times Staff Writer

A former San Diego police officer has filed a multimillion-dollar claim against the city, contending he suffered a concussion and other head, back and neck injuries when a San Diego police sergeant assaulted him with his car during a chase outside an Orange County courthouse.

Charles Rod Martin said Friday that the chase in Fullerton on Dec. 29 was the latest in a series of harassments and threats from his former colleagues at the San Diego Police Department because he has attempted to blow the whistle on alleged police abuses.

“I was unfortunate in that I observed illegal activity sanctioned by the San Diego Police Department,” Martin said. “I’d never seen the corruption so bad as down there, and I just was not going to leave things out of reports or pretend they didn’t happen.

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“And I’m incensed they are trying to discredit me now.”

Seeking More Than $5.5 Million

In his claim filed Monday with the city, Martin is seeking more than $5.5 million because the Police Department also has “engaged in a conspiracy to damage and harm (my) reputation.”

The police sergeant, identified as Sgt. John Welter of the Internal Affairs Unit, could not be reached for comment Friday.

But Assistant Chief Bob Burgreen said Martin’s allegations are groundless, noting that Martin was fired from the department in 1984.

“We are ready to go to court,” Burgreen said. “He was disgraced for falsifying reports. Many of them. And he was terminated.”

Consultant for Public Defender

Martin, who now works as a consultant for the public defender’s office in Orange County, said he was fired because he had witnessed numerous police abuses, such as illegal break-ins by police officers, and refused to cover them up.

“They trumped up charges against me,” he said.

He said he also has filed a worker’s compensation case against the department for a back injury he suffered while a San Diego police officer. He said he gave a legal deposition in that case Dec. 7 and outlined some of the abuses that he allegedly witnessed during his five years on the San Diego police force.

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“I had gotten death threats in the past about not testifying against the Police Department,” he said. “I went to the deposition, and I documented some of the past abuses. I mentioned all that.

“Then, I started getting death threats at home on the phone. One was at 11 o’clock at night. He said if you testify against any San Diego police officer you’re dead and your family’s dead.”

Called as Witness

Martin said he was called to testify Dec. 29 as an expert defense witness in an unrelated Orange County drug case. He said the prosecutor, in an attempt to discredit Martin’s testimony, requested that a current San Diego officer testify about the circumstances surrounding Martin’s termination from the department.

Burgreen said Welter was then sent to Orange County.

“Rod Martin was going to testify for the defense as an expert in the areas of narcotics and he was testifying as a retired San Diego police officer,” Burgreen said. “In fact, he is a fired San Diego police officer.

“The prosecutor asked for somebody to come up to the court with his record. Under subpoena, we sent John Welter and he was up there doing his job.”

Withdrawn by Defense

When Welter appeared at the courthouse, the defense attorney withdrew Martin as a witness.

After the proceedings, Martin said, he noticed that he was being followed in his car by Welter.

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“I make a right-hand turn to avoid him and he’s in an unmarked car and I’m concerned,” Martin said. “He came out of the fast lane and cut me off. I make a U-turn, he makes a U-turn. We made three U-turns in the middle of the road. Then he rammed my car.

“I hit the curb and hit my head on the steering wheel. I was sick for three days. I was treated by the doctor for a concussion. I was up throwing up for three nights. I hurt my back and my neck. I had this big bump on my head.”

Threat Claimed

He said Welter threatened him with his police revolver and warned him against testifying against the San Diego Police Department. He said Welter even followed him to a phone booth and threatened him again.

Burgreen said Martin actually chased Welter from the courthouse.

“It was all started by Martin,” Burgreen said. “He followed Sgt. Welter, including making U-turns. Finally Sgt. Welter stopped and Martin said he was going to take some action against Welter for harassing him.”

Fullerton police, who are investigating the incident, declined to comment on the case.

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