Colonies case defendants Mark Kirk, Paul Biane, Jeff Burum, and Jim Erwin, appear in San Bernardino Superior Court on August 19, 2011. (File Photo)
Joe Nelson, Staff Writer
Posted: 10/02/2012 11:12:45 AM PDT
Related stories: Appellate Court sets date for oral arguments in Colonies case | Appellate court reaches tentative decision in Colonies case | State appeals court court could have major impact on Colonies case | Judge dismisses most felony counts against Burum; all four Colonies defendants enter not guilty pleas
In a tentative ruling in August, the appellate court determined that all but four criminal charges against developer Jeff Burum that were dismissed by San Bernardino Superior Court Judge Brian McCarville last August remain dismissed. The appellate court, however, determined a charge of misappropriation of public funds should be reinstated and a conflict of interest charge against Burum be dismissed.
Deputy Attorney General Melissa Mandel, the lead prosecutor in the case, argued for the reinstatement of bribery charges against Burum, which she said the law permits. She said Burum used coercive tactics to influence the other defendants to play ball.
The appellate court affirmed McCarville’s dismissal of the bribery charges against Burum, essentially agreeing that the law does not permit the alleged giver of a bribe to also be charged with aiding and abetting the receipt of a bribe in the same case.
Burum’s attorney, Stephen Larson, told the panel of justices that the law is clear on the bribery charges associated with his client.
“The giver cannot aid and abet the receiver,” Larson said.
As to the charge of misappropriation of public funds, in which Burum is alleged to have aided and abetted in influencing a $102 million legal settlement in his favor – Larson argued that there was nothing illegal about the settlement. He said the settlement was a lawful act carried out by the Board of Supervisors at the time.
“I think it’s too much of a stretch,” Larson said.
Burum and former county Supervisor Paul Biane, former Assistant Assessor Jim Erwin, who was president of the San Bernardino County Safety Employees Benefit Association (SEBA) at the time of the alleged crimes, and Mark Kirk, former chief of staff for Supervisor Gary Ovitt, stand charged in the case.
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Is Burum guilty or innocent?
“In a tentative ruling in August, the appellate court determined that all but four criminal charges against developer Jeff Burum that were dismissed by San Bernardino Superior Court Judge Brian McCarville last August remain dismissed. The appellate court, however, determined a charge of misappropriation of public funds should be reinstated and a conflict of interest charge against Burum be dismissed.”
How can a private individual, not an elected official, be convicted of misappropriation of funds when he isn’t the one who had access to the funds to begin with? How if he didn’t committ bribery (those charges all dropped)could he be at fault here?
A jury would have to completely ignore the Constitution about being innocent until PROVEN guilty for a conviction here. There is no proof which is what a dismissal of charges means. A DA can’t go into court and make SH*t up – he has to show the judge he has solid grounds. At thsi point 4 judges have said, “Um no you don’t”.
So now what? Mikey spends more of our tax dollars to push this to the California Supreme Court? Of course he will. This delays Mr. Burum from getting his day in court, continues to smear his reputation, gives the court of public opinion a chance to be even more tainted. I think the plan is to push it off long enough so that when he is aquited it will be a ho-hum incident – I also Mikey is hoping for a public shooting to take everyone’s attention off this case and his errors.
Bet Mikey doesn’t like this.
@Mary
Inlandpolitics is NOT a court of law.
“misappropriation of (tax) funds” is what District Attorney Mike Ramos is doing -along with committing a battery of ethics violations in the handling and investigation of this case.
According to the article, “attorneys hinted Tuesday that the appeals will likely not stop in Riverside and likely make their way to the state Supreme Court in San Francisco.”
Hey, why stop there? Let’s take this thing all the way to the United States Supreme Court in Washington, DC. After all, money’s no object, since taxpayers are funding it.
Plus, the longer it takes, the longer until DA Mike Ramos has to disclose how much money he has spent.
Where is the outrage over this man’s actions?
I will just post again (third time) my comments on this issue…nothing has changed.
Anonymous on April 21st, 2012 6:51 pm
At the end of last year my neighbor attended a political meeting at the Redlands County Club where DA Ramos was the “guest speaker.” She caught him on her cell phone,a waste if you ask me, but his grand announcement off the bat, was…
…”I’m moving on now that the Colonies corruption cases are in the courts- and it feels good to focus on SOMETHING ELSE now.”
Watching that, it struck me ODD that our DA would publicly “wash his hands” and abandon the Colonies cases at the most crucial stages; why wouldn’t he see them through? Because they had served HIS political purpose?
Or, are these cases, in reality, HOLLOW?
Ramos, himself, with obvious false urgency, alerted the AG, FBI, our newspapers, local, national and cable news networks that the sky was falling in SBC! Ramos sobbed about how these “defendants were responsible for biggest corruption scandal in SBC, and even maybe the state’s, history.” OH PLEASE, now this just goes to show you how Ramos NEVER steps into a courtroom, where true violent and nonviolent ATROCITIES and scandals occur everyday.
What was not known to the unsuspecting public was that it was an election year- Ramos was up for re-election, as were his political buddies.
What followed, at taxpayers expense, was a horrifying abuse of authority and position as Ramos maliciously planned, choreographed, staged, and got really “creative” with the charges- setting up the defendants in order to punish, retaliate, and take VENGEANCE on them for their UNWILLINGNESS AND REFUSAL to cooperate and back Ramos’ POLITICAL ALLIES.
Over the years we have seen Ramos’ scenario of trumped up charges, selective political prosecution, and total distortion of sacred laws repeated, as with Councilman Jim Miller and Neil Derry.
Since Ramos has publicly washed his hand to the Colonies cases, the burden is solely on the judges and prosecutors in the trenches…all of whom have a reputation of being fair, ethical and politically removed, uh, give or take a prosecutor or two.
Maybe now we can look forward to putting closure to this painful political and personal witch hunt, dismissing the charges, and focusing on rapes, murders, drug trafficking and child abusers.
Ya the charges are hollow that’s why the appellate court has had the case so long.
Annon#6…..you sure did take up a lot of space all to say nothing.
It looks like this case now boils down to a private individual can control a Government. This should be interesting, look out Warren Buffett and Bill Gates !
New case law coming to a Supreme Court near you?
Anonymous #7:
You should ask a few attorneys if the length of time a judge or jury deliberates favors one side or another.
By the way, it looks like they upheld most of the lower courts rulings on dismissing the charges, thus the prosecutions apparent decision to waste more time and money by appealing again.
In four months time, we will celebrate the 3 year anniversary of the press conference where Jerry Brown and Mike Ramos announced the prosecution. How are you planning on celebrating?
District Attorney Mike Nifong, I mean Mike Ramos, is hoping to drag this on, and milk it into the next election cycle- ONCE AGAIN TO SERVE HIS SELF-SERVING POLITICAL PURPOSE.
Bugs Bunny: Whatta maroon! Whatta ignoranimus!
OOf…The tentative indicated all but four of the dismissed charges were to be reinstated. Burum was still facing two charges that McCarvill didn’t drop. So is the total now 6 charges? Just asking because I was not one of the lucky ones present at the hearing.
Burum has just 2 counts remaining
Where’s Richards in this line-up?… maybe a little promised in-advance protection for the former-Mikey and Moonbeam Show John Doe #2, by the Devil himself, no less!
When will the LEGAL SERVICES FRAUD ever end?
The answer is never, if the Feds continue to sit on the hands of their Obamanation!
Little Stevie Wonder on June 3rd, 2012 12:51 pm
And Observer, don’t leave out the FACT that then-Ontario City Manager Gregory “My Will be Done” Devilreaux was on that airplane trip with Pauly “Pretty Boy” Biane and Danny “God’s Gift” Richards too!
That trip is when the Devil of a CAO turned CEO admittedly secured his future career move over to San Bernardino County Government Center to become DICTATOR… wonder if Crebs was smart enough to get that debauchery ALL ON TAPE?
HEY FBI, isn’t it a legal requirement by the FAA to have an ON-FLIGHT RECORDER (and isn’t it also totally relevant to the on-going investigation into the Colonies Settlement Conspiracy case you guys took over from the DA Mikey and AG Moonbeam Show… please do your job for the people…(SAY HELLO TO MR. RICO).
LSW, please lay off the booze before posting.