By Kevin Herrera
Daily Press Staff Writer

CITY HALL — A law enforcement historian currently writing a book about the Santa Monica Police Department is demanding that the City Council launch an investigation into alleged misconduct by the chief of police and other officers.

Attorneys for police memorabilia collector and former SMPD officer Evan Mason confronted the council last week, at which time they charged the police department, including Chief James T. Butts Jr., of using the threat of a criminal investigation to pressure their client into giving up his rights to a manuscript detailing the history of the SMPD.

Mason’s attorneys said officers falsified information to obtain a search warrant for Mason’s home in Paso Robles, California, so they could seize documents relating to the book, including the manuscript. Mason’s attorneys allege Butts ordered the search out of spite following Mason’s refusal to let the chief have final say over what would be published.

Police have accused Mason of stealing several, valuable collector’s items from the department during his research for the book, including a 1930s-era chief’s badge once worn by late Police Chief Clarence Webb, and a rare cartoon drawn by Elzie Segar, the creator of “Popeye,” Mason’s attorneys said.

A search warrant was issued in January to retrieve some of those items and anything else relating to the book.

Police department spokesman Lt. Frank Fabrega declined to comment because the matter is considered an ongoing criminal investigation.

“This is an example of the police department using limited Santa Monica funds to muscle Evan into giving up his rights to the book,” said Stephen Q. Wood, one of Mason’s attorneys. “Mr. Mason would like his manuscript returned, and he would like to have his name cleared as he was a police officer for the department who served with distinction and retired honorably.”

City Attorney Marsha Moutrie told Wood it was not in the council’s authority to launch such an investigation and suggested Mason file a complaint with the Los Angeles County District Attorney’s Office, which investigates allegations of police misconduct.

“It is my impression that the city would be vindicated in this dispute,” Moutrie said in an interview Monday.

District Attorney spokeswoman Jane Robison would neither confirm nor deny that an investigation into Mason’s claims is already underway.

Mason is seeking a publisher for his book, but that search has proven even more difficult in light of the police department’s investigation and seizure of the manuscript, Wood said.

Mason gained access to the SMPD’s archives after he was named the department’s honorary historian. A member of a committee formed to help celebrate SMPD’s centennial celebration in 1996, Mason was allowed to interview relatives of former police officers as well as look through old police files, including log books, arrest reports and jail records.

Mason’s attorneys said he was also given an official “historian badge” and permission to store several boxes of memorabilia at his home while doing research for the book. Mason has since returned those items at the police department’s request, his lawyers said.

At no time was Mason being paid by the SMPD for his work, and therefore, his book should not be considered property of the SMPD, Wood said.

Wood alleges officers lied about the 1938 Webb badge so that they could gain a search warrant for Mason’s home. Wood said officers knew that Mason did not possess the badge, but merely photographed it at the home of Webb’s daughter, Fay Webb. The pictures were used to illustrate an article written by Mason, Wood said.

A sworn declaration by Webb states that the badge, and two others photographed by Mason, never left her possession, Mason’s attorneys said. The declaration was presented to the council last week.

“We were there to show the City Council that there has obviously been some confusion and some false statements made by the police department,” Wood said. “We are willing to sit down with the department any day to talk about this. We believe this can be handled civilly through negotiations or civil litigation, but not through intimidation. No Santa Monica resident would be allowed to do that.”