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Campbell Seen as Too Ill to Testify : Lawsuit: Doctors say Newport chief suffering from severe depression and high blood pressure and can’t defend himself in police brutality suit for at least a month.

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TIMES STAFF WRITER

Besieged Newport Beach Police Chief Arb Campbell, who is fighting for reinstatement to his job amid rape and sexual discrimination charges, is suffering from acute depression and severe high blood pressure, according to court records filed here in a police brutality lawsuit.

Doctors say Campbell’s health is so poor that he cannot testify or defend himself for at least 30 days in a federal case filed by Everett Temme, the owner of a Newport Beach advertising company, against Campbell and other members of his department.

On Tuesday, U.S. District Judge Robert M. Tagasuki postponed starting the trial of Temme’s allegations until Feb. 9, after concerns about Campbell’s medical condition were raised by Thomas Feeley, a defense attorney hired by the city. Tagasuki also ordered a full medical report on Campbell’s condition to be submitted to the court Jan. 15.

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According to court documents, two physicians have diagnosed Campbell with acute depression and uncontrollable high blood pressure. As such, they said, the rigors of a trial could cause his health to deteriorate further.

In a note submitted to the court, one of the doctors, Barry F. Chaitin of Newport Beach, wrote: “The above patient is suffering from a major depression and is not emotionally able to participate in any legal proceedings, interrogations or depositions for at least a period of 30 days.”

In his lawsuit, Temme alleges that he was accosted by Newport Beach police, falsely arrested and then beaten on June 17, 1986, after he failed to heed the commands of an officer directing traffic at Bayside Drive and Coast Highway, according to his attorney, Steve Yagman.

Though Temme was never prosecuted on any criminal charges as a result of the arrest, police contend that he deliberately ignored their orders, was drunk in public and tried to run down two officers in his car.

Named as defendants in the case along with Campbell are former Newport Beach Police Chief Charles (Pete) Gross, Officer Rick Thomson and the city of Newport Beach. Temme is seeking $10 million in damages.

Bruce Praet, one of Campbell’s lawyers, said: “Arb has a pre-existing condition that has been exacerbated by all the recent events. He has been undergoing treatment of this for some time. Without all the controversy this could die down. Neither of us needs to be a doctor to know that there has been a stressful series of events for him.”

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In September, Campbell and his chief assistant, Capt. Anthony R. Villa Jr., were accused in a civil rights lawsuit of sexual harassment and discrimination by four current and former female employees of the Police Department. Within days, Campbell announced that he would be retiring next May.

A month later, a dispatcher, Peri Ropke, joined the case and publicly accused Campbell and Villa of raping her 11 years ago during a drunken Police Department party at a local landfill. Hours after Ropke’s announcement, City Manager Kevin J. Murphy placed both Campbell and Villa on paid administrative leave and appointed Capt. Jim Jacobs acting police chief.

In the aftermath, Campbell withdrew his retirement plans, and the Newport Beach Police Employees Assn. issued an overwhelming vote of no confidence in him. That was followed by a lawsuit from Campbell and Villa, who accused Murphy of improperly relieving them of command.

Since then, four more women have joined the original civil rights case, bringing to nine the number of current or former employees who claim they were sexually harassed and discriminated against.

Praet, who is defending Campbell and Villa in the discrimination lawsuit, contends the real issue now in the case is the health of the women who have sued. Five of them have taken medical leaves during the controversy and claim they are too ill for depositions that were scheduled for this week.

“All have now conveniently told me they cannot attend their depositions in the sexual harassment lawsuit,” Praet said. “It is astonishing to me that five women could come down with the same (stress-related) medical condition at the same time. Now that they are being put to the test and asked to make sworn testimony as to their allegations, they are either unable, or unwilling, to do it.”

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Steven R. Pingel, an attorney for the women, said the depositions were postponed at least until January for valid health reasons, and he denied there was a ruse to delay taking the sworn statements.

Meanwhile, Campbell has demanded that the Police Department investigate a veteran officer who addressed a meeting of the police employees association on Oct. 29, immediately before the membership issued an overwhelming vote of no confidence in Campbell.

In a formal complaint, the chief accused Lt. Don Chandler of insubordination, slander, dishonesty, conduct unbecoming an officer and instigating a crusade against the department’s high command.

Chandler, who has 22 years on the force, could not be reached for comment Friday. But in an earlier interview with The Times about the association’s vote, Chandler denied any impropriety during his talk before the membership.

“I didn’t lead anything. I only attended one of the three meetings, and was one of many people who spoke,” he said. “If you want to say I spoke forcefully, I did that. But I was off duty, off campus, and one of 140 people with a chance to speak. This makes me sound like it’s me against them (Campbell and Villa), and it’s not.”

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