Corruption charges remain in place

A motion to dismiss the charges in the Colonies Crossroads corruption case has been denied.

San Bernardino County Superior Judge Michael A. Smith acknowledged Friday that the state Attorney General’s office did not save emails it exchanged with county prosecutors that the defense considered exculpatory.

However, that action did not merit dropping any charges because the information contained in those emails can be obtained from other sources, and because the defense hadn’t proven the information would help its case, Smith ruled.

“There is no question that the attorney general’s office was destroying emails, but it doesn’t appear that any vital evidence was destroyed,” Smith told attorney Stephen Larson, who filed the motion in May.

Larson is representing Rancho Cucamonga developer Jeff Burum.

“In fact, that evidence is available to the defense through numerous other sources. It appears the defense has the bulk of the information it needs.”

Deputy District Attorney Lewis Cope, the lead prosecutor in the case, offered to turn over any materials the defense team requested, a move Smith said would not be necessary.

Burum and three top county officials – former county Supervisor Paul Biane, former assistant county assessor Jim Irwin and Mark Kirk, who was chief of staff to former Supervisor Gary Ovitt – are charged with conspiring to arrange $102 million settlement between the county and Colonies Partners LP, Burum’s investment group.

That settlement was in connection with construction of the Colonies Crossroads retail development in Upland.

Burum, the project’s developer, is alleged to have paid the other three defendants and former Supervisor Bill Postmus $100,000, after the project was approved, in the form of payments to bogus political action committees.

Prosecutors allege those payments were in effect bribes after the fact that were intended to speed up development of Colonies Crossroads.

All four defendants have denied any wrongdoing and have pleaded not guilty, calling the charges against them politically motivated.

Jury selection in the trial is expected to begin late this year.