IE Business Daily Business news for the Inland Empire.
A San Bernardino County Superior Court Judge today dismissed a conspiracy count against four defendants in a prominent public corruption case.
Judge Michael A. Smith ruled that the three-year statute of limitations regarding conspiracy charges had expired against developer Jeffrey Burum, former Supervisor Paul Biane, former assistant assessor Jim Erwin and Mark Kirk, former chief of staff to Supervisor Gary Ovitt.
Today is the first of a scheduled two-day session before Judge Smith. The defense team is expected to ask that all of the charges be dismissed. The defendants have steadfastly maintained their innocence from the beginnings of the investigation and have intimated that the charges were politically motivated.
Prosecutors argued the statute should have been extended to four years, which would have left all four men open to conspiracy charges.
Smith ultimately sided with the defense, which argued that the conspiracy charge should be treated as separate from the alleged induced criminal act. That ruling means that the three-year statute of limitations applies.
“I appreciate the people’s argument, but endless examples of California law demonstrate that state law says the limit for a charge of conspiracy is three years,” said Smith, delivering an early win for the defense team.
Burum, Biane, Erwin and Kirk face multiple criminal charges in connection with the Colonies Crossroads development in Upland.
The San Bernardino County District Attorney’s office alleges that Burum paid a $100,000 bribe to the three county officials to facilitate a $102 million settlement between Colonies Partners, the developer of Colonies Crossroads, and the county.
