Mayor Seeks Answers on LAPD Aid to Defendants : Dalton case: Bradley orders the Police Commission to investigate why a sergeant assisted lawyers for officers accused of criminal vandalism.

Calling it a “blatant waste of taxpayers’ money,” Mayor Tom Bradley on Friday ordered the Los Angeles Police Commission to conduct an investigation into why an on-duty police sergeant assisted the defense of four fellow officers accused of criminal vandalism in the “39th and Dalton” case.

And, in a related development, the Los Angeles County district attorney’s office served a subpoena Friday on the Police Department, requesting that all of the information that Sgt. Robert Kavanaugh uncovered for the defense attorneys be turned over to prosecutors, including the “name, rank and serial number” of any supervisors who approved his conduct.

The mayor, in a sharply worded letter to Police Commission President Robert M. Talcott, instructed the panel to initiate a “comprehensive, internal review” of Kavanaugh’s statements that he spent six weeks this summer in the role of a criminal-defense investigator trying to help the accused officers beat the criminal charges.

“The law, for good reason, does not permit on-duty LAPD officers to work on criminal legal-defense teams,” said Bradley, himself a former LAPD officer. “Such work for LAPD officers is a blatant waste of taxpayers’ money.

“Furthermore,” he added in the letter, “this work weakens the ability of the district attorney and the LAPD to prosecute fairly and aggressively the defendants in the 39th and Dalton case.”

Talcott said that, shortly after receiving the mayor’s letter, he asked the commission staff to immediately begin researching Kavanaugh’s role in the 39th and Dalton case. He said he also wants to determine whether any police supervisors were aware of what the sergeant was doing. Talcott said he hoped to report back to Bradley by the end of next week.

The commission, a five-member panel appointed by the mayor, provides civilian oversight of the Police Department. Asked which way he thought the investigation would go, Talcott said he did not think that it would show that the LAPD was purposely trying to help the accused officers.

“I can tell you it is not the policy or the desire of the top management of the Los Angeles Police Department to work in opposition to a properly filed criminal charge,” Talcott said.

“My experience in these kinds of matters is that they never turn out to be exactly as they are portrayed,” he added. “There often is a readily available explanation for this kind of conduct, and I suspect that that will be the case in this situation with Sgt. Kavanaugh as well.”

The case involves an August, 1988, police drug raid in several apartment units near 39th Street and Dalton Avenue in South-Central Los Angeles. According to residents and neighbors, police officers searching the apartments destroyed personal property.

Four officers, including a police captain, are scheduled to stand trial Thursday in Los Angeles Municipal Court. About 30 other officers are facing administrative discipline.

Kavanaugh, in an interview with The Times, said he became an expert on the case through his work as a police defense representative in the administrative cases. But he said he also conducted interviews and stakeouts while also performing other research to assist the defense.

The sergeant said he had the approval of his police supervisors at Parker Center. And, even after his supervisors denied that they had approved his work, Kavanaugh maintained that his superiors had allowed him to work for the defense.

In ordering the Police Commission to investigate, the mayor said he wants the panel to focus on several key areas:

* “What conceivable interpretation of Sgt. Kavanaugh’s normal scope of duties could permit Sgt. Kavanaugh to work daily, for six weeks, on a criminal legal defense team?”

* “Did Sgt. Kavanaugh’s supervisors authorize his work for the criminal-defense team? If so, which of his supervisors provided the authorization, when was the authorization provided, and why?”

* “Who in the LAPD knew of Sgt. Kavanaugh’s assignment to work on behalf of a criminal legal-defense team?”

Kavanaugh, a 30-year police officer who is retiring soon, said he spent about six weeks beginning in early August working full time for the defense attorneys. An officer of his rank normally would earn about $6,150 for six weeks’ work.

Deputy District Atty. Christopher Darden, who is prosecuting the four officers, said he believes the product of Kavanaugh’s work on behalf of the defense is city property because the police sergeant performed the work while on duty.

Although the material is now in the hands of the defense attorneys, he said, “the city should assert its property rights and retrieve those documents from the defense.”

He added that if the documents are not handed over by the trial date, “we will do everything possible to retrieve them anyway.”

Booth, the police spokesman, said the LAPD “certainly will comply” with the subpoena and turn over whatever records it has concerning Kavanaugh’s activities. But as to any materials in the hands of the defense attorneys, Booth said, “That’s a legal issue and the attorneys will have to work that out.”