Santa Rosa Police Department opposes Press Democrat motion to unseal warrant served on city council member

Santa Rosa Police are opposing The Press Democrat’s motion to unseal a search warrant they served on city council member Eddie Alvarez as he left a January council meeting.

Police seized three cellphones from Alvarez, including one that had been issued by the city, in connection with the investigation of a deadly shooting outside a bar in southwest Santa Rosa, but have said Alvarez is not a suspect. Two council members witnessed the warrant being served in the City Hall parking garage.

Two other men have been charged and are awaiting trial. Alvarez had been at the bar but left before the shooting.

The Press Democrat filed a motion to unseal the warrant in late March, arguing that under state law, a search warrant becomes public record after being executed unless a judge rules on a motion to maintain the seal longer.

There is no public record that such a motion was made in the Alvarez case.

In its motion filed Monday, department attorneys argue that the warrant was connected to an ongoing investigation and should remain sealed “until the investigation has been completed or until such time as SRPD is willing to waive its official information privilege.”

City officials on Tuesday declined to comment other than to confirm that they had filed a motion to “protect the integrity of an ongoing investigation.”

The department’s filing will delay public insight into what grounds police had to serve a warrant on an elected official and seize his phones for at least another two weeks.

In a March 28 order, Judge Christopher Honigsberg gave police and Sonoma County District Attorney’s office until April 11 to decide whether they would oppose The Press Democrat’s motion. Absent any such opposition, Honigsberger had said he would unseal the warrant.

Now Honigsberg will likely hold a hearing he scheduled for April 25. SRPD has asked the judge for a hearing in his chambers where they can discuss the warrant outside of public view. To support their position, city attorneys included a sealed deposition from Deputy District Attorney Anne Masterson.

Masterson is leading the prosecution against two Santa Rosa residents — Fogatia Fuiava and Ednie Afamasaga — for the Sept. 25 killing of Kenneth McDaniel outside the Whiskey Tip bar in Roseland.

Alvarez said Tuesday he was disappointed the department is opposing the newspaper’s motion, adding that he believes the public deserves to evaluate whether the police had just cause to serve the warrant.

“The people need to know,” he said. The warrant return and the underlying affidavit police provided a judge to get it should further dispel any suggestion he had any connection to a deadly shooting, he said.

“The beautiful part about truth is that it’s immune to darkness,” he said. “Sooner or later it all comes out.”

Alvarez is the first council member elected to represent the majority Latino Roseland and southwestern Santa Rosa areas since the city moved into district elections in 2020. His colleagues appointed Alvarez Vice Mayor in December.

He has expressed concern that the warrant is clouding his work on the council, which has focused in part on police relationships with Roseland and on driving increased investment to a historically undervalued part of Santa Rosa.

“Instilling fear and distrust cannot be the foundation in which a strong relationship between Law enforcement and the Community they serve is built,” he wrote in one recent Facebook post.

Santa Rosa officials are also blocking the release of communications The Press Democrat requested among council members and Police Chief Ray Navarro about the incident unless the seal is lifted.

You can reach Staff Writer Andrew Graham at 707-526-8667 or andrew.graham@pressdemocrat.com. On Twitter @AndrewGraham88