Joe Nelson and Sandra Emerson, Staff Writers
Posted: 07/27/2011 08:31:48 PM PDT
Allegations of judicial misconduct against two San Bernardino Superior Court judges contributed to county attorneys’ refusal to settle a land- rights lawsuit with Rancho Cucamonga developer Colonies Partners LP for $102 million, according to Grand Jury testimony.
In addition, retired state Supreme Court Justice Edward Panelli, who mediated the landmark settlement in 2006 – which prosecutors now say was tainted by blackmail and bribery – showed little concern that a complaint had been filed with the state Commission on Judicial Performance regarding the two judges, according to more than 2,700 pages of grand jury transcripts released last week.
Judges Peter H. Norell and Christopher J. Warner, both of whom are retired, presided over the heated litigation between Colonies Partners and the county that spanned from 2002 to 2006.
Their rulings favored Colonies and were nearly identical, despite an appellate court ruling in July 2005 that reversed Norell’s September 2003 ruling. That ruling remanded the case back to the trial court so the scope of the county’s flood control easements could be determined.
The Grand Jury testimony that arose regarding Norell, Warner and Panelli shows that alleged judicial misconduct is a focus of the Colonies corruption probe, though none of the judges have been charged with any crimes.
In May, the 19-member grand jury handed down a 29-count indictment against Colonies co-managing partner Jeff Burum, former county Supervisor Paul Biane, Supervisor Gary Ovitt’s former chief of staff Mark Kirk, and Jim Erwin, former assistant county assessor, union boss and chief of staff for Supervisors Neil Derry. They stand charged with conspiracy to commit a crime, bribery and conflict of interest, among other charges.
All four defendants have denied the charges, which allege they conspired to secure a settlement in the developer’s favor in exchange for bribes and political favors.
In late March, Postmus, who is also the former county assessor, pleaded guilty to criminal charges filed against him last year in the Colonies case and in an unrelated criminal case in which he was accused of running a political operation out of the Assesor’s Office at taxpayer expense. As part of a plea bargain, he has agreed to turn state’s evidence and testify against the other defendants in exchange for reduced charges.
Former deputy county counsel Dennis Wagner said during his grand jury testimony that concerns had been voiced about the conduct of Norell and Warner. Jim Lindley, then the interim purchasing director for the county, said he had overheard Burum tell someone he played golf with one of the judges.
Wagner said he consulted with other attorneys from the law firm Jones Day, which was retained by the county during the lawsuit, and it was recommended that a complaint be filed with the Commission on Judicial Performance. The complaint was filed on Sept. 11, 2006.
“If there’s some type of judicial misconduct that’s going on, that impacts the entire case,” Wagner said.
Reached by telephone, Norell and Warner maintained their innocence, and said they had no personal relationship or communications with Burum outside the courtroom during the trials.
“I frankly am very tired of it,” Warner said Wednesday. “I’m tired of being spoken of in a negative light in the press for things that did not occur, could not have occurred and if they had occurred I would have been investigated with a microscope, as I think I said previously.”
Reached by telephone on Tuesday, Norell said he was not aware of any complaint filed against him.
“I was not aware of who any of these people were or had any relationship with them,” Norell said. “I can assure you I was never offered any bribes or anything of that nature. I was never offered anything by anybody. I never knew anything about the project.”
Victoria Henley, spokeswoman with the Commission on Judicial Performance, said all complaints filed with the commission are confidential, and she could neither confirm nor deny if a complaint was filed.
Witnesses pointed out other concerns involving the judges and Panelli during their testimony.
County Counsel Ruth Stringer, who is now retired, said Norell had attempted to assign the Colonies case to Warner before the Fourth District Court of Appeal in Riverside remanded jurisdiction back to the trial court following the county’s successful appeal.
“Judge Norell took a very exceptional step of assigning it to Judge Warner before he actually had jurisdiction returned to the trial court,” Stringer said. “That was a very odd thing to do or even attempt to do.”
Norell said he had been elected presiding judge at the time and assigned the case to Warner to get it out of Rancho Cucamonga due to the negative publicity.
“I thought he’d give everybody the best trial,” Norell said of Warner.
During a mediation session, Wagner said he had pulled Panelli aside to inform him of the complaint filed against Warner and Norell, and it was his opinion and that of attorneys representing the county that the case could not settle because of the complaint.
“Panelli and I went back and forth on it a little bit. My impression was he could care less what my opinion was on this case,” Wagner said.
Postmus said during his testimony that Burum recommended Panelli, and he pushed hard and aggressively to bring him on board despite objections from county attorneys, who felt Panelli was unsuitable and against the idea of using him because Burum recommended him.
Wagner said he told Postmus during a mediation session in October or November 2006 that attorneys for the county would not be able to endorse the settlement for two reasons.
“One, we didn’t like the deal, and, two, because of the judicial complaint that was still outstanding,” Wagner said. “I mean, to the extent that there’s any potential question of irregularity, you couldn’t sign off. What if those allegations were true?”
To read entire story, click here.
The county attorneys filed the complaint with the Commission on Judicial Performance AFTER they had lost badly in his court room. This is typical conduct for the loser.
Further, the basis of the complaint is an “interim purchasing director” saying that he “overheard” Jeff Burum tell “someone” that he played golf with one of the judges. Seriously, are Judge Norell, Judge Warner, or Jeff Burum that stupid? I don’t think so.
Finally, what is the status of the complaint? According to the article, it was filed on September 11, 2006. I know that bureaucratic wheels turn slowly, but come on!
Let’s not forget that the Grand Jury Indictments are unproven allegations. The defendants were not able to be there to defend themselves. If they had been there to defend themselves, they would probably ask when and where this golfing occurred. Perhaps they could introduce evidence to prove that neither could possible have been at that place at that time.
Instead, they have to sit back and wait, while the media convinces gullible readers into thinking that it must have happened if the prosecution says it did.
Any judicial complaint was a ploy to delay.
Secondly, if there was such a complaint, where is it?
How would Dennis Wagner have any knowledge of such a complaint? Unless he was a party.
If there was any foundation for such a complaint, action would have been taken by now.
The newspapers don’t care about the truth. The transcripts give them cover to write about matters, whether true or not.
Logical Guy knows Norell is a drunkard who played golf at Redhill CC with Burum. Guess who paid for drinks?
So the Commission on Judicial Performance 86′d the complaint, that’s not too hard for this blind man to believe.
Judge Norell: “Justice (for Jeff) has been served… I’ll drink to that.”
Hansbugerler: “See I told you, Norell and Warner are both hot-heads, and along with Burum’s personal mediator Panelli, the threesome remind me of Manny, Moe and Jack, the Pep boyz- Just get’r done!”
They all need to be charged…. This is such a total waste of money at our expense.
Looks to me like the prosecution is presenting the case in the media instead of the courtroom. This may backfire like it did with Casey Anthony. So far we got crack and more crack, thats whack.
Good thinking, observer. Now explain away the testimony of Bill and Adam.
Steve Brow:
Bill and Adam are both convicted felons whose testimony is being given in order to reduce the amount of time they will have to spend in prison, and contradicts what they said previously. My question to them would be: “Were you lying then, or are you lying now?”
Factor in the fact that Bill Postmus is an admitted meth addict, and you have a pair of witnesses with zero credibility in my book. Mike Ramos would not want me on the jury.
“Further, the basis of the complaint is an “interim purchasing director” saying that he “overheard” Jeff Burum tell “someone” that he played golf with one of the judges. Seriously, are Judge Norell, Judge Warner, or Jeff Burum that stupid? I don’t think so”.
OoF how could one make the above statement unless they themselves know the parties involved? Your asking a question of readers, many have no idea who these men are personally, let alone if they are stupid or not.
I am sure many citizens might have drawn the same conclusion of President Nixon on watergate and President Clinton as to Monica?
I noticed you didn’t put Panelli’s name in the mix. Of course assuming the testimony regarding his use of Jeff’s SUV and jet are also fabricated, and Panelli’s comments to the paper on the allegation are a misquote.
Yes we ALL know Bill and Adam are convicted felons. We also know that Mr.Reiss did his best to convince the jury in Rex’s case that Adam was a liar. The first jury didn’t believe Adam, the second did believe him.
Of course Mr.Reiss failed to drive home the fact that the HR Director Albert Lambarto lied in his testimony and contradicted a written memo he wrote explaining how EXEMPT employees scheduling actually works.
And we didn’t see Postmus or Burum testifie in that case and tell the jury Rex’s job was not a personal favor between Postmus and Burum. We all know the outcome of that case. GUILTY as charged.
Of course that case leaves a sour taste in a few peoples mouths, including Mr.Burums repeated comments he will take the 5th if asked questions.
So YES Bill and Adam are convicted liars and their credibility is questionable. HOW about Mr.Burums credibility for those who are paying attention? Or would you like to just move on and hope everyone forgets that part of this case?
Setting ALL that a side, now we have more than one attorney telling us their OPINIONS they saw some inappropriate conduct or perceived misconduct and filed a complaint. NOW you say this about the attorney’s.
“The county attorneys filed the complaint with the Commission on Judicial Performance AFTER they had lost badly in his court room. This is typical conduct for the loser”.
TYPICAL conduct? My spin is, these law firms did not do themselves any favor’s for future clients by this information becoming public.
SO what your saying is lawyers GENERALLY file judicial complaints against judges when they lose? That is news to me, I’d love to hear more about that TYPICAL conduct.
My experience has been quite the opposite, that most attorney’s would avoid filing judicial complaints like the PLAGUE if at all possible.
I mean there is that perception of a strong “brotherhood” among lawyers and judges for the most part. Exceptions of course.
AntiCouupptionUnit:
My question was rhetorical. These are three intelligent individuals. I think they are far too smart to take the chance of socializing together, particularly give the high profile nature of this case.
Mr. Panelli was a mediator in a settlement conference. He was not a judge sitting on the bench while the case was being tried. I have attended several settlement conferences in front of judges. Their goal is to get the parties to settle. They do not want to here the sides argue the facts of the case. The prosecution (and Dennis Hansberger) tries to make that sound unusual. It isn’t.
I do not recall testimony from Mr. Panelli that Jeff Burum gave him a ride to the airport. Mr. Burum denies it. Mr. Panelli admits that he flew back to the Bay Area in Mr. Burums’s airplane. Is there any testimony that Mr. Burum was with him?
Mr. Panelli said he saw nothing wrong with that, since they already had to pay his transportation costs, and they asked him to stay longer and miss his commercial flight since progress was being made.
I have seen attorneys use many tactics that judges probably do not like. They regularly file affidavits of prejudice against particular judges. They regularly request changes of venue to avoid a certain courtrooms. They regularly file post verdict paperwork that criticizes the judge’s performance, such as issuance of improper jury instructions. I suspect that an attorney on the losing side filing a complaint with the Commission of Judicial Performance is more common than you think.
I’m curious as to what happened after the complaint was filed. Was it investigated and acted upon? It seems to me that if there was any action taken against either judge, we would have heard about it. One judge said he didn’t even know that it had been filed.
As to Jeff Burum’s taking the 5th amendment in the Rex Gutierrez trial, check the facts. Mr. Burum anticipated that the prosecution would ask him lots of irrelevant and prejudicial questions. Prior to his testimony, he told the judge that fact, and that he would take the 5th Amendment if asked irrelevant questions. The judge said he would have the jury leave the courtroom, have the prosecution ask the intended questions, where he would rule on their relevance. He would then allow the prosecution to ask the questions he deemed relevant in front of the jury. Based on that, the prosecution didn’t call Mr. Burum as a witness.
You can interpret that any way you want. My interpretation is that Mr. Burum anticipated correctly, and when the prosecution learned that they would not be able to ask him irrelevant questions, they had no questions to ask.
Billyjackattack:
Have you ever been in a trial? The judge can either sustain or overrule an objection to a question based on relevance. If the prosecution had asked Mr. Burum a question previously determined to be relevant, and the defense counsel objected based on relevance, the judge would have denied the objection, and required him to answer.
OoF thank you for the response.
This is going to be an intense trial without question. This could very well be a Casey Anthony type trial where EVERYONE already knows the outcome, or thinks they do.
Unless someone takes a deal in the 11th hour?
I must say I am grateful the transcripts have been made public, at least part of them. Even though one sided witness testimony is the case here, it does tell a story on how ugly politics really are. And who you DO NOT want to associate with.
Pretty much one day your someone’s pal, the next your getting thrown under the bus, so someone can perserve their career and reputation. I think these transcripts clearly show you can TRUST no one around here.
BillyJack is not that far off base in his opinion on arrogance, especially for many around here. We have seen it countless times by many of our elected officials and their minions.
You know the story, birds of a feather flock together!!
I have seen it everytime I have dealt with someone associated with an elected official or powerful member of the community. The famous line of “do you know who I am”.
A classic example of arrogance was how Mike Ramos dealt with those two Deputy Sheriff’s in Yucaipa while he was at his girlfriends house drunk, being loud and obnoxious, dismissing them like he would his children.
Judge Norell showed his arrogance MANY times while he sat on the bench. He got himself in trouble more than once with Law Enforcement agencys for his unflatering and blunt comments to cops and witnesses. It has been said one of the reason he got transfered out of criminal and put into civil.
There would be nothing more arrogant than smoking in the courtroom right beneath a “NO SMOKING” sign like Judge Norell did. I appeared before him a couple times for a preliminary hearing, he was fair and professional with me, but I sure saw what others said about him.
Nope those who are seldom challenged, have gotten away with their misdeeds, manuevered their way through the system, bought their way into or out of a situation will become arrogant in due course.
Like a thief who becomes more brazen each time they steal and don’t get caught, or the drug addict who becomes more addicted each time they use. Same thing with the rich and powerful, bottom line use to getting their way without much difficulty, the more arrogant they become.
You can clearly see that with the likes of Mark Kirk and Matt Brown, both pretty young for their positions. A little power and the right position you see the outcome. There would be many names to add to that list in fairness to them.
Matt Brown aand Mark Kirk both belong in prison, along with the arrogant cancers that brought them in to the county, Gary the Crook Ovitt and Biane the Arrogant.
Attorney General should be charged and the Grand Jury for not charging Mike Ramos! So should Jerry Brown. They all know what he is doing and who he’s protecting. the question is do they have the ball’s to do something about it?