Colonies judge rules for prosecution

Prosecutors in the Colonies corruption case won another round today when a Superior Court Judge ruled that they did provide evidence favorable to the defense to a grand jury, as required by law.

Attorneys for the four defendants – developer Jeff Burum, former Assistant Assessor Jim Erwin, former Supervisor Paul Biane and Mark Kirk, former chief of staff to Supervisor Gary Ovitt – maintain that the district attorney’s office withheld crucial evidence from the grand jury after it issued indictments in the case in 2011.

Stephen Larson, Burum’s attorney, argued that prosecutors did not inform the jurors that Bill Postmus, a former Supervisor and a key witness in the case, had a long history of drug problems, including an addiction to methamphetamine.

Larson argued that Postmus’ addiction is central to the case because it calls into question his credibility as a witness and that the charges against Burum should be dismissed.

“This case turns on Mr. Postmus’ testimony,” Larson said.

But Judge Michael A. Smith rejected those arguments.

“There was never any attempt to keep exculpatory evidence from the grand jury,” Smith said during the fourth day of hearings on a series of dismissal motions. “The grand jury was made aware of Mr. Postmus’ drug issues. I think the district attorney’s office fulfilled all of its obligations in that area.”

Since they were arrested in 2011, all four defendants have vigorously maintained their innocence and have said the charges against them were politically motivated.

Burum is alleged to have bribed the three county officials in order to bring about a $102 million settlement between the county and Colonies Partners LP, Burum’s real estate investment group.

That settlement ended a five-year dispute regarding the location of a flood control channel on the development site.

Colonies Partners LP developed Colonies Crossroads shopping center in Upland next to the Foothill Freeway. That project, which includes residential development, covers more than 475 acres.

Last week, Judge Smith gave the defense a major victory when he dismissed a charge of criminal conspiracy against all four defendants.

On Monday he ruled in favor of the prosecution when he ruled that the charges handed down by the grand jury were not subject to statute of limitations laws and could be amended.

The hearing is expected to resume Wednesday.