More charges dropped in Colonies case

Five charges were dropped today in the Colonies Crossroads corruption trial, bringing to seven the number of charges that have been dismissed against the four defendants in the case.

Judge Michael A. Smith three out all four charges related to misappropriation of public funds against developer Jeff Burum, former San Bernardino County Supervisor Paul Biane, former assistant assessor Jim Erwin and Mark Kirk, former chief of staff to one-time county supervisor Gary Ovitt.

Smith also dismissed a perjury charge against Erwin, but let stand multiple felony counts against all four defendants.

Regarding the charges associated with improper use of public funds, Smith said he didn’t believe the prosecution introduced any evidence supporting those charges. The remaining charges, Smith said while issuing his ruling, should be decided by the jury.

Erwin, Biane and Kirk are charged with accepting $100,000 in bribes from Burum in order to secure the development of Colonies Crossroads, a retail and residential development in Upland next to the Foothill Freeway.

Burum was a co-partner in the development of that 434-acre project. State and county prosecutors maintain Burum’s payments to the three other defendants were disguised, illegal  political contributions intended to get a “yes” vote out of the board of supervisors, even though the vote had already been cast when those donations were made.

All four men deny any wrongdoing and say the charges against them are politically motivated.

The prosecution rested its case two weeks ago. Defense attorneys are scheduled to begin presenting their case Monday.