Judge declines to dismiss charges

Criminal charges against the four defendants in the Colonies Crossroads corruption trial will remain in place, at least for now.

Defense attorneys failed to prove that the statue of limitations had expired on bribery and corruption counts, according to a ruling today by San Bernardino County Super Court Judge Michael A. Smith.

Smith’s ruling allows prosecutors to amend a 2011 grand jury indictment against developer Jeff Burum, former Supervisor Paul Biane, former Assistant County Assessor Jim Erwin and Mark Kirk, former chief of staff to Supervisor Gary Ovitt.

All four defendants vehemently deny any wrongdoing and maintain that the charges against them are politically motivated.

Prosecutors allege Burum bribed the three county officials to facilitate a $102 million settlement between the county and Colonies Partners LP, Burum’s real estate investment group and the developer of Colonies Crossroads, the Upland shopping center.

That settlement, reached in the fall of 2006, ended a five-year dispute regarding a flood control channel at the site of the residential and commercial development, which covers more than 425 acres.

State law specifies that the statute of limitations – in this case four years – starts when law enforcement or the victims reasonably suspect that a crime has been committed.

Attorneys for the defendants argued that, because outside attorneys for the county and some county officials almost immediately suspected that there was something suspicious about the 2006 settlement that the statute of limitations should have started then and expired in 2010, rendering the 2011 grand jury indictment moot.

Smith, however, sided with the prosecution, saying there was no reason to start an investigation before 2008. That ruling allow the prosecution to amend the 2011 grand jury indictment, but Smith hinted at potential cracks in the prosecution’s case.

“If there had been an investigation in 2006 no illegal payments would have been found because no illegal payments were made,” Smith said.

Smith also rejected a motion to dismiss based on faulty instructions given to the grand jury. Though admitting the instructions were technically incorrect, they were not prejudicial, Smith ruled.

Smith’s ruling was the first victory for the prosecution since the hearing to dismiss the counts began last week. On Thursday, he dismissed a key conspiracy count against the defendants.

More motions to dismiss are expected to be heard this week.