Scales of Justice

Burum’s attorney gets hearing to possibly lift stay of criminal proceedings
Joe Nelson, Staff Writer
Posted: 08/02/2013 09:33:58 PM PDT
Updated: 08/02/2013 10:05:01 PM PDT

The attorney for a Rancho Cucamonga developer accused of conspiring with county officials in a bribery scheme is asking a San Bernardino Superior Court judge to lift a stay on criminal proceedings so he could file a motion to dismiss the case, court records show.

A hearing is scheduled for 10 a.m. Aug. 16 in Judge Michael A. Smith’s courtroom. Smith will decide then if he will lift the stay and allow defense attorney Stephen Larson to file the motion on behalf of his client, developer Jeff Burum.

If Smith agrees, he will set a date to hear arguments from both sides and rule on the motion. If he doesn’t agree, the stay will remain in effect until the state Supreme Court makes a ruling in the case.

Larson declined to comment Friday. His request, referred to in legal terminology as an “application for leave to file motion for dismissal,” has been sealed until the Aug. 16 hearing.

State and local prosecutors filed a motion of opposition, which is also under seal.

Larson also declined to say what his argument is as to why the case should be dismissed, citing the pending hearing.

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