By Olin Ericksen
Staff Writer

February 2 -- County prosecutors are pressing ahead with charges against a former Santa Monica police officer accused of stealing department memorabilia and notes that are at the center of a disputed book deal about the local force.

On January 12, the Los Angeles District Attorneys office filed two felony counts of theft by embezzlement against former Santa Monica police officer, Evan Mason, who served as the department's volunteer historian after 15 years on the force.

In 2005, the retired officer was accused by former Chief of Police, James T. Butts, Jr. of allegedly stealing several relics and hoarding notes compiled as Mason researched a history book about the city’s 111-year-old police department. (see story)

Mason said last year that he was building a civil suit against Butts and the department for abusing it authority, but the DA’s office has not filed charges.

"It's our position that the District Attorney has not fully considered Evans' allegations, and any charges brought are a miscarriage of justice," said Stephen Wood, an attorney for the Quinn Emanuel law firm who represents Mason.

The DA has decided to move forward with the case despite a change in the department’s top brass, with former Long Beach Deputy Chief Jim Jackman taking over for Butts, who is heading security at LA area airports.

"Once it's in the system, it's a completely in the District Attorney's hands," Wood said.

Mason and the department have been wrestling for the rights to material for the book, including documents, floppy disks, memorabilia and a manuscript seized in a raid of Mason's Paso Robles home nearly 200 miles from Santa Monica.

Police also allege that Mason is keeping several antique items, including a 1938 badge that belonged to then chief of police Clarence Webb.

While Mason voluntarily returned some items in 2005 -- including an original cartoon drawn by Elzie Segar, the originator of "Popeye" – the retired officer has maintained he never took Webb's badge.

Mason even obtained a declaration from Webb's surviving relatives that he only took a photo of the badge.

Last year, Mason was pitching his book to publishers, who have expressed interest, his attorneys have said. Meanwhile, the Police Officers Association (POA) last year began selling pre-orders of the department's book to offset publishing costs, according to a letter to Mason from Butts.

According to the California Penal Code, "If the embezzlement or defalcation is of the public funds of the United States, or of this state, or of any county or municipality within this state, the offense is a felony, and is punishable by imprisonment in the state prison."

Further, the code state that "the person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state."

Wood said he has been talking with prosecutors and hopes to bring the dispute to a close before it comes before the judge.

"I'm hoping that all of this can be resolved out of court," he said.