IE Business Daily Business news for the Inland Empire.
Defense attorneys in the Colonies corruption case today argued that charges should be dropped because of alleged prosecutorial misconduct.
Attorney Mary Andrues, co-counsel for developer Jeff Burum, argued that the San Bernardino County District Attorney’s office conducted an illegal search and violated attorney-client privilege when it inspected documents at the office of an El Segundo private investigator in January 2013.
The investigators were looking for information regarding the possible cell phone hacking of Bill Postmus, a former San Bernardino County Supervisor and a key witness in the Colonies case.
Even though their search warrant was restricted to the suspected telephone hacking, investigators seized documents related to Postmus but not pertaining to the Colonies, case, Andrues told San Bernardino County Superior Court Judge Michael A. Smith.
“There’s no disputing that the prosecution was looking for privileged information,” Andrues said. “This misconduct goes to their intent in this case. As a former prosecutor, I’m a little outraged.”
But the actions by the district attorney investigators were not a breach of attorney-client privilege, and defense attorneys were not able to prove that the prosecution received any illegal information, Deputy District Attorney Reza Sadeghi told the court.
Burum is charged with offering a $100,000 bribe to county officials in order to facilitate a $102 million agreement that allowed for the development of Colonies Crossroads, the Upland shopping center next the Foothill Freeway.
Postmus, former assistant assessor Jim Erwin and Mark Kirk, former chief of staff to Supervisor Gary Ovitt, are also facing bribery and corruption charges in connection with the case.
All four defendants have denied doing anything illegal and maintain that the charges against them are politically motivated.
Today was the sixth day of a hearing in which defense attorneys are trying to get the charges against their clients dismissed. The hearing is expected to continue next week.
