Last charges in Colonies case dropped

What was billed as the largest corruption trial in the history of San Bernardino County, and perhaps all of California, ended Friday without a single conviction being handed down.

At the request of the prosecution, San Bernardino County Superior Court Judge Michael A. Smith dismissed all of the remaining charges against James Erwin, a former assistant county assessor.

Smith’s action, which was greeted with a loud burst of applause in the crowded courtroom, came nine days after jurors said they were unable to reach a verdict and a mistrial was declared.

During Friday’s hearing, which ended almost as quickly as it began, lead prosecutor Lewis Cope told Smith there were “witness problems” the prosecution team, after careful deliberation,  could not resolve.

“As a result, we’re hoping to dismiss this case in the interest of justice,” Cope said.

Smith agreed, then humorously reminded Erwin that he still had a right to a jury trial.

Smith’s ruling came two weeks after jurors acquitted the three other defendants of all of the charges against them.

Rancho Cucamonga developer Jeff Burum, former Supervisor Paul Biane and Mark Kirk, former chief of staff to then-Supervisor Gary Ovitt – were charged with bribing county officials in the form of donations to sham political action committees.

Those payments lead to a $102 million court settlement approved by the county that made possible the development of Colonies Crossroads, the 434-acre retail and residential project in Upland in which Burum is a co-partner.

“It’s been a long time coming, eight and a half years,” Erwin, referring to when the charges were first filed, said after the hearing. “Right now, I just want to get back to living something that resembles a normal life. I haven’t had a full-time job since 2009.”