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Arguments continued today in San Bernardino County Superior Court in the Colonies corruption case, with defense attorneys arguing that what prosecutors allege were bribes were in fact legitimate political contributions.
Judge Michael A. Smith heard presentations from David Goldstein, attorney for former Supervisor Paul Biane, and Paul Grech, attorney for Mark Kirk, former chief of staff to Supervisor Gary Ovitt.
Biane and Kirk are defendants in the Colonies Crossroads case, called the largest political corruption trial in San Bernardino County.
Developer Jeff Burum, also a defendant, is accused of bribing county officials to facilitate a $102 million agreement that allowed him to develop Colonies Crossroads in Upland, the outdoor shopping center next to the Foothill Freeway.
Prosecutors allege Burum donated $100,000 to a political action committee controlled by Biane, a charge Goldstein denied.
“They’re calling that a bribe, but that’s not the truth,” Goldstein said. “The [PAC donors] asked Mr. Biane for direction and he gave it to them. There is absolutely no evidence that Mr. Biane got any of that $100,000, or that he ever had control of it.”
Kirk did promise to deliver Ovitt’s vote on the settlement, but he had no knowledge of Burum’s $100,000 PAC donation and never received anything from it, Grech told the court.
“That’s what good chiefs of staff do, they secure votes for the person they work for,” Grech said. “There’s no crime in being a good chief of staff.”
All four defendants are asking that all of the charges against them, which they maintain are false and politically motivated be dismissed.
The hearing to dismiss is expected to continue tomorrow and perhaps into next week.
