By Olin Ericksen
Staff Writer

February 22 -- For 15 years, Evan Mason served as a local policeman. Wednesday he stood before a judge and pleaded "not guilty" to charges he stole memorabilia from the Santa Monica Police Department.

Facing two felony counts of theft by embezzlement -- which could mean prison time for the retired officer -- Mason stands accused of stealing nine badges while researching a book about the department’s history, according to his attorneys. (see story)

While his defense lawyers said they are still seeking a resolution with the Los Angeles District Attorney before trial begins, it appears the matter may in fact be headed for court. A pretrial conference is scheduled for March 19.

"I certainly don't think anyone wants to see a retired veteran… go to prison," said Steven Madison, a partner at Quinn Emanuel Law Firm. "We don't think they should have ever brought a criminal case."

Mason was first formally accused in 2004 of stealing memorabilia from the department, including badges, transcripts and notes. Former police chief James T. Butts, Jr. argued that the retired officer illegally took the items -- which belong to the department -- while researching the history book as a volunteer historian with the force.

Mason has countered that Butts, who also was working on a history of the more than 100-year-old department, filed the charges to stop him from signing a competing book deal. A civil suit against the department never materialized after the District Attorneys refused to investigate Mason's allegations.

Butts said that the department wanted to complete its history and another employee volunteeed to compile material and had been working on the project.

"We weren't seeking a book deal," Butts said, noting that the book was intended only for current and retired members of the department. "There was never any intent to make a profit on this."

Mason's allegations were investigated, Butts said.

While many items have been returned by Mason after police initially approached him, prosecutors allege that the former officer still has nine badges, Madison said.

"We haven't yet found out which nine they are seeking," he said, noting that Mason is known to be a collector of police memorabilia.

One badge in particular that police have claimed was in Mason's possession belonged to 1930s police chief Clarence Webb.

Madison said that badge was never in Mason's possession, a statement backed by a declaration by Webb family members. Police are no longer seeking that badge, according to Madison.

"I think we've put that silly issue to bed," he said.

If a resolution is not reached at the pretrial conference, the matter may soon come before a judge.