Postmus
Joe Nelson, Staff Writer
Posted: 01/30/2013 08:24:55 PM PST
Updated: 01/30/2013 08:49:52 PM PST
A San Diego Superior Court judge on Wednesday tentatively dismissed a nine-year-old lawsuit by San Bernardino County against three public agencies in which the county sought to recoup a portion of a $102 million legal settlement the defendants say was corrupt.
At the crux of Judge Ronald Prager’s 4-page decision was former Board of Supervisors Chairman Bill Postmus’ March 2011 guilty plea to a felony conflict-of-interest charge.
Postmus admitted he accepted a bribe from Rancho Cucamonga developer Jeff Burum in exchange for his vote approving the landmark settlement with Burum’s investor group, Colonies Partners LP, in November 2006.
The settlement ended nearly five years of legal battle between the county and Burum over a flood-control project on a 434-acre Upland parcel that Colonies Partners bankrolled.
In motions filed with the court and heard Wednesday by Prager, the county argued that its lawsuit, filed in November 2004, was to show that the defendants – San Bernardino Associated Governments, Upland and Caltrans – should be held liable for a portion of the settlement payments, regardless of whether or not the settlement was corrupt.
The defendants argued in their motions that Postmus’ guilty plea was an admission he violated state conflict-of-interest laws and therefore voided the settlement.
Prager sided with the defendants in his tentative ruling. He is expected to issue his final ruling within a week. he judge cited a 2005 case in which the court found that evidence of a public official’s guilty plea to a conflict-of-interest violation was a sufficient basis for dismissal of an indemnity claim. He also cited a 2008 San Bernardino County case that held that contracts in violation of Section 1090 of the state Government Code are against fundamental public policy.
To read entire story, click here.
The flood control easements imposed on the developer’s property did reduce the value of their property. It is just that simple.
The city where I live is Upland. My city continues to spend-away millions (last time I checked the total was near 6 million) in legal fees. My sources tell me that Upland and/or San Antonio Water Company providing misleading data which resulted in expanding “the scope” and forcing the developer to install flood control improvements. Upland’s former Councilman Ken Willis remains defiant and has dodged testifying for years. The good old boys including Willis, Thomas, Musser should be forced to face the music in court and join their former mayor, now convicted felon Pomierski in Federal prison for what they have cost the residents of Upland.
Don’t you just love it by this article it shows how STUPID the county is by continuing to pursue this debacle EVEN after admitting there was a conflict.
I wonder if the law firm for the county kept telling those clowns writing the checks that they “could” win this case?
At this point Joe Nelson should be scratching his head and questioning these fools he writes articles for.
Oh wait, his boss is a Sheriff’s Ranger, can’t do that.
You just can’t fix stupid.
$25m of tax dollars pissed away, and NOT one person in command could see the writing on the wall after Postmus plea. WOW!!!
Thank god this case was taken down to San Diego.
Let’s see if I have this right:
1) Mike Ramos has spent millions of dollars prosecuting “the most appalling corruption case in decades, certainly in the history of San Bernardino County and maybe California itself.”
2) The case is falling apart, as evidenced by the Appellate Court ruling to uphold the Superior Court’s demurrer, and $10 Million in bail becoming $0.
3) Mike Ramos cut a deal with Bill Postmus, letting the one defendant they had something on (possession of meth) off the hook.
4) After cutting the deal where he “agreed to cooperate with prosecutors and testify against the four defendants in exchange for leniency,” Bill Postmus admitted to the FBI that he was not bribed.
5) By cutting the deal with Bill Postmus, Mike Ramos has eliminated the opportunity for the county to require SanBAG, the City of Upland, and CalTrans to share in the payment of the damages the County owes The Colonies, and the “roughly $25 Million” the county has spent attempting to do so has been wasted.
Where is the outrage over this mans actions?
BIG DITTO on #4 OoF. I didn’t see where the County even mentioned that, or Joe Nelson left that out.
Another we want our cake and eat it too.
AntiCorruptionUnit:
The people who criticized the County for settling with The Colonies against the advice of county attorneys are probably going to be the first to complain about the amount of attorneys fees spent in this losing battle.
OoF I won’t take that bet.
Start adding up what we know right now on attorney’s fees related to the Colonies, then add Mike Ramos expenditures, I bet we will all say WOW.
He can we hold responsible at this point, Mr.COA himself shares responsibility.
“Postmus admitted he accepted a bribe….in November 2006.”
Really? Was that in between REHAB? Or did Brad, Adam and Paul help seek him out long enough to cast the vote?
AGAIN, HERE IS ANOTHER “ANCIENT” EMAIL…FROM JULY.
Anonymous on July 13th, 2012 11:22 am
The judge said that there were…”obvious credibility issues” regarding Postmus.
Well, the judge SEES CLEARLY, how the “emails and text messages between former Assessor Bill Postmus and the district attorney’s office,” ARE IRRELEVANT, and how they do not reveal the UGLY TRUTH of Bill’s CONDITION AT THE TIME he WAS ALONE, while emailing and texting…
…you know… Postmus’ unwashed appearance, his massive acne, dilated pupils and rapid, darting eyes, the fact that he hadn’t slept or ate for four days straight, his heavy sweating with a strong odor, also, the emails and texts do not express his frustration of how he can’t focus or think. Further more, how do we not know if he has brain damage, or not? They knew he was suffering from DRUG ABUSE, or a mental illness, at the time- or maybe both.
That explains why the judge, IN ALL FAIRNESS, declared “THE MAJORITY” of the emails and texts had “no relevance to the case, and those will remain sealed.” Hip Hip Hurray to the Judge.
Postmus was a heavy heavy meth user at the time of these exchanges, and it is appalling how these investigators, KNOWING THIS, PURSUED POSTMUS via email and text; perhaps even laughing and mocking him at his delusional responses as they maliciously GUIDED HIS WORDS! If the investigators had LEGITIMATE questions and concerns, they should have met with Postmus and TAPED THE INTERVIEWS-they knew he was unstable!.
SORRY, IT’S
did they help “SNEEK” Postmus out
The only winners in this whole case will be the attorney’s and their fee’s….
But when the lawsuits come against the county, and they will if the defendants prevail, will be the county taxpayers faced holding the bag…
I expect to see SB County have to file bankruptcy if that happens…..
$102 million will have been cheap in the end…..
“$102 million will have been cheap in the end….”
Sgt Milstar, thank you for reminding me of this song, we’ll dedicate, and assign it, to THE COLONIES CASE, “The Gift That Keeps On Giving”
The Windmills Of Your Mind
-by Dusty Springfield
Round,
Like a circle in a spiral
Like a wheel within a wheel
Never ending or beginning
On an ever-spinning reel
Like a snowball down a mountain
Or a carnival balloon
Like a carousel that’s turning
Running rings around the moon
Like a clock whose hands are sweeping
Past the minutes on it’s face
And the world is like an apple
Whirling silently in space
Like the circles that you find
In the windmills of your mind
Like a tunnel that you follow
To a tunnel of it’s own
Down a hollow to a cavern
Where the sun has never shone
Like a door that keeps revolving
In a half-forgotten dream
Like the ripples from a pebble
Someone tosses in a stream
Like a clock whose hands are sweeping
Past the minutes on it’s face
And the world is like an apple
Whirling silently in space
Like the circles that you find
In the windmills of your mind
Keys that jingle in your pocket
Words that jangle in your head
Why did summer go so quickly?
Was it something that I said?
Lovers walk along a shore
And leave their footprints in the sand
Was the sound of distant drumming
Just the fingers of your hand?
Pictures hanging in a hallway
Or the fragment of a song
Half-remembered names and faces
But to whom do they belong?
When you knew that it was over
Were you suddenly aware
That the autumn leaves were turning
To the colour of her hair?
Like a circle in a spiral
Like a wheel within a wheel
Never ending or beginning
On an ever-spinning reel
As the images unwind
Like the circles that you find
In the windmills of your mind
Oh my Dennis again.
Now everybody knows what the BILL in Billy “Bob” Postmus means, ’cause we just got handed a partial tally on the financial damages to County taxpayers caused by the frivolous Indemnity lawsuit, filed responding to the Colonies “friendly” lawsuit:
$102M Gift-o-funds to Colonies Partners by BOS (Biane/Postmus/Ovitt)
+$200M Financing for SBCFCD settlement payment
+$ 25M Wert’s “low ball” for County legal costs (incl. County Council/ PIU/ Private attorney’s fees?)
+$ 6M City of Upland Indemnity action defense costs
+$ ?M CalTrans (State of California) Indemnity action defense costs
+$ ?M SanBAG Indemnity action defense costs (BB&K & Kenny McV’s retirement fund)
_________
=$333M (a third of the BILL to taxpayers for Colonies Settlement conspiracy representing direct costs)
=$666M (number stamped on CEO Devilreaux’s forehead representing collateral damage to residents)
_________
=$999M Rounded off to $1 BILLion representing total value of negative financial impact to SBCo. economy!
Thanks a lot BILL!!!
But the BIGGEST HAND goes to DA Mikey, for his BILLion dollar baby called LEGAL SERVICES FRAUD.
And wouldn’t you know it, that baby’s name again… oh, it’s still BILL Postmus.
LSW,
That’s okay.
When ALL is said and done…
In the “Windmills Of Our Mind”, we will ALL know that it was worth it…”regardless of expense”.
ALL for one, and one for ALL?
DJ tell JOE DADDY that Captain America is calling BS (time for your ass whipping), and that he and the Mrs are obviously a big part of the equation above, as far as collateral damage to the general public, especially impacting certain targeted former public employees and/or their family members.
Don’t tell me IT’S ALL GOOD because it’s not, tell the FBI’s Anti-Corruption Task Force about it, you know the Feds (your previous employer).
As soon as the final ruling comes down in this Indemnity Lawsuit the frivolous activity by the County politicians and bureaucrats in squandering our precious and extremely limited financial resources will surely catch the attention of the FBI… they’ll want to know everything about all the fine work u, mommy and daddy have been doing for this County.
#1- Your crazy. It is flood control property and nothing more or less.
#2- I like what you said about Upland and/or San Antonio Water Co., giving misleading information that forced Colonies to install flood control improvements. The county had nothing to do with it. The county was just the scape goat.
#3- A conflict of interest is not what this lawsuit is about.The county should win this case if the court system was allowed to have common sense and was not influenced by the players.
#4- Postmus and others were bribed and also influnced by some evidense Colonies had on them. That is politics, plain and simple.
#11 is crazy!
#18
Yes…join me!
The funny thing here is that everyone acknowledges Postmus was not in a right state of mind and yet no one has a problem with the fact that Burum, an opportunist, took advantage of Postmus’ addiction for his own financial gain. The criminal has painted himself as the victim and everyone here has taken the bait hook, line and sinker. This in fact is nothing less then a sober man taking advantage of a severely drunk woman as she lies past out at a party. Do any of you here believe that to be ok? What is worse is that sober people like Mitzelfeld, Ovitt and Gonzales failed to warn that the Exxon Valdez was being piloted by a meth head. That doesn’t make Burum right it only makes the others accessories.
“The criminal has painted himself as the victim and everyone here has taken the bait hook, line and sinker.”
Red, please, what bait? Postmus was no innocent little lamb preyed upon by wolves and Burum’s arrogance is not criminal.
Postmus was on the “naive side” true, but he ran with the pack of wolves, they liked what they saw in him, so the big papa wolves aided with his political ambitions.
Be fair here! Postmus was not Burum’s innocent lamb…Postmus interacted with all those involved as an equal.
Anon#20…..Red, please, what bait? Postmus was no innocent little lamb preyed upon by wolves and Burum’s arrogance is not criminal.
You are right in saying that Postmus was not an innocent little lamb, but just as it is on this blog site, so it is in politics, they are all a bunch of hyenas. There is no defending the lack of fiduciary duty demonstrated by the BOS, just as there is no defending Burum’s lack of business ethics. Comment #8 has already shown how obvious Postmus’ drug problem was and so to believe that Burum is the victim after he used Postmus’ weakness for personal profit is pure foolishness on your part. Like I said “hook, line and sinker” Are contracts valid if signed while intoxicated? Here we had an attempt at a massive cover up of the obvious, so there is no body innocent here…..Just for the heck of it though, try and apply your reasoning of postmus behavior only put Burum’s name in the middle. Here you have someone dabbling in county politics, affecting the lives of thousands, all for the personal gain of a few. He ran with a pack of wolves, tried to be their equals and wound up in an orange jump suit. Forget that the bail went from 10 million to 0 or that a few on this site perceive a weak case, in the end, he was still in an orange jump suit and in the proper company of his rightfull peers. To boot, regardless of what happens, there is enough stigma of corruption in this matter that no tic tic boom will ever happen to Mike Ramos or any other law enforcement official that was loyally doing their duty of protecting the public coffers from the pirates.
Anonymous #21
Regarding your comment to “Forget that the bail went from 10 Million to 0,” I am reasonably sure that Mike Ramos would like to do precisely that.
Regarding the “few on this site” who “perceive a weak case,” don’t forget to add the Superior Court and Appellate Court Judges in with that group. Plus, you may soon be able to add the Judges from the State Supreme court.
Regarding Mr. Ramos “loyally doing [his] duty of protecting the public coffers from the pirates,” let’s see if you feel the same way when and if he finally has to start proving his case in court, explain why exculpatory evidence was withheld from the Grand Jury, and FINALLY has to disclose to the taxpayers how much money he has taken from the “public coffers” to spend on this prosecution.
By the way, have you ever read Judge Warner’s Statement of Decision? Based on the tone of you comment, it doesn’t sound like it.
Red,
You amuse me!
Still, you are correct, “no tic tic boom will ever happen to Mike Ramos or any other law enforcement official” because as you’ve noticed, the likes of them fellows are not having public “bombs” dropped on them, and there is no “loud” boom. Most have quietly self destructed with only a passing article, leaving a blur of them in our minds.
Same with Ramos, no loud bomb will be dropped, but we will have the pleasure, I hope, of watching him PUBLICLY unravel and screech:
“I’m melting! Melting! Oh, what a world, what a world!”
OOF…yes I have read Warner’s statement of decision taken verbatim from colonies briefs. Btw, considering that the appellate court did not drop all charges as many claimed they would do, you shouldn’t exercise such confidence……Out of curiosity, how much of that $102 million do you thing Burum has paid in legal fees? I’m guessing that there are alot of donations flooding into PACS related to state supreme court judges right about now.
Anon#23,…..You amuse me.
Don’t get to used to the idea of seeing any public meltdowns from Ramos. If you haven’t seen such from Ovitt, Josie, or Erwin who truly have mud on them then the most you will have to look forward to is his fading from public view.
Anonymous #24:
My New Year’s resolution was to stop commenting on the absurd bribed judge theory, although I see that you seem to be laying the groundwork for claiming that the State Supreme Court Judges will have been bribed if they refuse to hear the prosecutions petition. Needless to say, I think that is utterly preposterous.
With respect to you claim that Judge Warner’s statement of decision was “taken verbatim from colonies briefs:”
On Page 10, the decision states that Patrick Mead, the County Flood Control Director, was “extensively impeached.”
On page 30, the decision states that “The Court found Mr. Burum to be a very credible witness. He answered questions succulently and without hesitation or equivocation. “
On page 31, the decision states that “The court does not find [ former County Flood Control Director ] Mr. Miller to be a credible witness because he did not appear to be forthright in his responses and he often hesitated for long periods of time before providing non-sustentative answers such as I don’t recall.”
Can you please cite the page number where the above language appears in The Colonies briefs?
Make a note OoF, many people within county
government are being impeached right now.
What happened to the case against the Penguin err…Dino Defazio?
Amazed:
My theory is that since they could not get Mr. DeFazio to accept a plea deal, the prosecution is now dragging their feet and delaying the trial for as long as possible.
They received lots of slanted publicity from the media, and had their opportunities to grandstand, but now they have to prove their case, so they are not in any hurry.
OoF nailed that one. Gee how difficult is it to prove PERJURY? You generally have documents OUTSIDE the testimony that CATCH you in the lie.
If it comes down to she said, he said, well your going to come up short.
Maybe those from the Joe Nelson school of KNOW can break it down for us on why it takes so long to hammer DeFazio.
HERE is a clue, it would be easier than prosecuting Rex!!!!!
But if the prosecution is about as bogus as the POST scandal, or has the motives of the Sam Clauder case, Hmmmm, hence the foot dragging.
My ex-wife was his exectutive secretary, and she was just as corrupt as he was! In fact she abused my daughter who’s mother died, talk about the wicked step-mother of the west!! that was Talli Simmons formerly Lynd.She was involved in his corruption and made false accusations against me and had me put in jail, charges were dropped, but damage was done. I am so glad to be divorced from that witch and her spoiled kids who I raised as my own, she rejected my daughter and handi-capped son saying “I aint taking care of no handi capped kid!” she claims to be a christian too.Ha ha Talli,I’m glad you got what you deserved, you should have been put in jail for child abuse, I’m sorry I ever let Bill Postmus into my house.