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A San Bernardino County Superior Court judge has denied a request to dismiss charges in the Colonies corruption case.
Judge Michael Smith ruled today that prosecutors did provide exculpatory evidence to a grand jury that indicted a Rancho Cucamonga developer and three former county officials, despite claims to the contrary by defense attorneys.
“All of the records indicate that the grand jury did have that information before them” when it decided to indict,” Smith said.
Jeff Burum, co-developer of the Colonies Crossroads project in Upland, is charged with making $400,000 worth of donations to bogus political action committees that were controlled by four county officials.
Prosecutors allege that those payments were bribes made in order to secure a $102 million settlement that was approved by the board of supervisors. The county paid Colonies Partners, developer of the residential and retail project, that amount in 2006 to settle a dispute regarding a flood control channel on the property.
That dispute was keeping the Colonies Crossroads project from proceeding.
Last week, defense attorneys argued that the grand jury would not have indicted the defendants on multiple bribery and corruption charges if it had been told the county considered the $102 million settlement – which prosecutors called outrageous – a reasonable agreement.
Smith ultimately rejected that argument, saying the grand jury did have that information and that, in any case, the grand jurors was not obligated to render a judgment on the validity of the settlement.
“That is exculpatory evidence, but it does not exonerate,” Smith said. “Certainly it does not risen to the level of requiring the charges be dismissed.”
Trial is scheduled to begin Oct. 17. All four defendants have pleaded innocent to all charges and have denied any wrongdoing in connection with the case.
