Defense states its case in Colonies trial

Prosecutors in the Colonies corruption case have no evidence of bribery or any other illegal acts, an attorney for one of the four defendants in the case said Tuesday.

In his day-long opening argument, Stephen Larson told the two juries that will decide the case that prosecutors presented a skewed, one-sided account of the events that led to the development of Colonies Crossroads and Colonies at San Antonio, the 434-acre commercial and residential development in Upland.

“Once we present our case you will see that absolutely no crimes were committed,” Larson told both panels.  “All of the four defendants know what bribery is, and not one of them would ever defend it, under any circumstances.

“They all know it’s wrong, and not one of them would do something like that.”

Former San Bernardino County Assistant Assessor James Erwin – who is being tried separately – Rancho Cucamonga developer Jeff Burum, former county Supervisor Paul Biane and Mark Kirk, one-time chief of staff to former Supervisor Gary Ovitt all face bribery and corruption charges in connection with the two Colonies’ projects.

Burum, whom Larson is representing, is accused of arranging for $400,000 in contributions to political action committees controlled by the defendants and former Supervisor Bill Postmus. Prosecutors have called those payments bribes, an allegation Larson ridiculed, noting that it’s not illegal to donate to a political action committee.

“In order to have a bribe you must have a quid pro quo, a ‘this for that,” Larson said. “There is absolutely no evidence of that here, and the prosecution knows it.”

All four defendants maintain their innocence and say the charges against them are politically motivated.

San Bernardino County District Attorney Mike Ramos has been subpoenaed to testify.