Joe Nelson, Staff Writer
Posted: 08/26/2011 03:12:40 PM PDT

Attorneys for defendants in a wide-ranging San Bernardino County corruption case are requesting that an electronic monitoring order and court-imposed travel restrictions be lifted for their clients.

After seeing some charges dismissed in a wide-ranging San Bernardino County corruption case, attorneys for defendants in that case are requesting that an electronic monitoring order and court-imposed travel restrictions be lifted for their clients.

Prosecutors allege Rancho Cucamonga developer Jeff Burum, former Assistant Assessor Jim Erwin, former county Supervisor Paul Biane and Mark Kirk, former chief of staff for Supervisor Gary Ovitt, conspired to have the county settle a lawsuit with Burum’s company, Colonies Partners LP, for $102 million in exchange for $400,000 in bribes.

All four defendants deny any wrongdoing.

In a court motion filed Friday, Burum’s attorney, Stephen Larson, noted that five of the seven felony charges against Burum were dismissed Aug. 19 prior to his arraignment, including all bribery-related charges and a conflict-of-interest charge prosecutors used to justify a $10million bail.

Burum still faces charges of criminal conspiracy and aiding and abetting Biane and former Board of Supervisors Chairman Bill Postmus in the alleged misappropriation of public funds, an offense Larson said carries a maximum sentence of one year in jail.

Larson said in his motion that the presumptive bail for the remaining counts against Burum is $50,000 at most.

“Continuing to impose the ankle monitor condition and travel restrictions would only serve to punish Mr. Burum – an impermissible goal for bail under California law,” Larson said in his motion.

Burum, Erwin, Biane and Kirk are set to appear Wednesday before Judge Michael A. Smith in San Bernardino Superior Court for a motions hearing.

In a motion filed Thursday with the court, Erwin’s attorney, Rajan Maline, noted that Judge Brian McCarville dismissed a charge of misappropriation of public funds against Erwin, Kirk and Biane during the Aug.19 hearing.

The dismissal essentially nullifies an argument made by prosecutors that the charge qualified the defendants for bail as high as $102million, Maline wrote in his motion.

Maline also argues that Erwin is no flight risk. He said that despite Erwin’s three arrests since March 2009 and bail amounts exceeding $2.5million total, Erwin has complied with every condition of the court.

“Whether Mr. Erwin has been out of custody on $600,000 bail or on his own recognizance, he has never missed a court date or ever been late,” Maline said in his motion. “He has made 34 court appearances on this matter since March 2009.”

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