Thursday, March 21, 2013 – 10:00 a.m.
Last Modified: Friday, March 22, 2013 – 09:30 a.m.
The California Attorney General and San Bernardino County District Attorney has filed papers with the State Supreme Court opposing parts of the highly-publicized Colonies criminal case from moving forward.
On March 6, Rancho Cucamonga Developer Jeffrey Burum filed a motion on issues related to statute of limitations affecting the core charges in the case. Burum also asked permission to allow the 4th District Court of Appeal in Riverside to issue a partial remittitur or order to return jurisdiction to the trial court to hear a dismissal motion for the count of aiding and abetting the misappropriation of public funds.
Co-defendants Jim Erwin, Mark Kirk and Paul Biane have also joined in the motion.
All defendants have denied any wrongdoing, and have aggressively fought the charges.
Prosecutors, in a 29-count politically-charged indictment, allege criminal misconduct involving the $102 million settlement between San Bernardino County and Colonies Partners.
The settlement was finalized in November 2006.
The case, since it was initiated in May 2011, has been riddled with a series of roadblocks engineered by the prosecution in an effort to delay dismissal motions related to grand jury and prosecutorial misconduct, statute of limitations, probable cause, and defective search warrants.
Motions backed by the prosecutions own evidence and exhibits. Clearly, they’ve never looked at their own so-called evidence.
Burum, in his jurisdictional motion, is asking the courts to determine whether or not certain charges are even valid on there face, and subject to appellate review.
The motion is expected to be acted on by April 5.
To read the Attorney General Opposition click here: Attorney General Opposition to Motion to Brief Statute Of Limitations