December 23, 2013 – 12:30 p.m.
The trajectory of the highly-publicized $102 million Colonies corruption prosecution remains, at least for the moment, at a standstill.
The California Supreme Court has modified a lower appellate court ruling upholding the dismissal of conflict of interest charges against Rancho Cucamonga Developer Jeff Burum, and Former Assistant Assessor Jim Erwin, but in a unanimous decision published Monday, vacated the dismissal of bribery counts against the two men.
But, in an unexpected move, the state’s highest court sent the case back to the Fourth District Court of Appeal, Division 2, in Riverside for additional analysis, rather than the trial court for further proceedings.
To read the full opinion, click here: S207250 – People v. Biane, et al
In May 1011, the Califoria Attorney General and San Bernardino County District Attorney, with much drama-filled fanfare, indicted Burum, Erwin, Former County Supervisor Paul Biane, and Mark Kirk, former chief of staff to Supervisor Gary Ovitt.
In a 29-count indictment, prosecutors alleged a $102 million settlement of a flood control dispute was tainted by alleged illegal misconduct.
All four men have denied any wrongdoing.
liberal judges just kicking the can down the road until after DA election….our court system sucks
Ha HA Ha, I told you guys. Let’s just get this before a jury now so that we can put an end to it. The more you prolong a jury trial the guiltier you all look.
Anon#2…..good call and yes, Mr Ramos will be re-elected.
Anon#1……You know, when the allied forces had Berlin surrounded, the Nazi high command also told their supporters “the trajectory of the war is at a stand still”…….The German public knew otherwise.
PS…..someone stole my color.
Proving once again that our GOVERNMENT IS BY DEFINITION DOUBLE-JEOPARDY over individual rights (where everyone can be their OWN GRANDPA) & anyone (or do they have to be JB?) can be both the BRIBER and BRIBEE all at the same time…ONLY IN AMERICA!… DK
What an X-MAS present of INJUSTICE FOR ALL, thx to the SHYSTERS RUNNING THE SYSTEM, to include her Honor and the rest of the CA Honorees of Superiority (in the ART of SQUANDERING TAXPAYER MONEY).
Wow, some of those who have been conspicuously quite for a long time have resurfaced to celebrate this ruling. Repairman is still taking a low profile, however.
All this ruling means is that some of the dismissed charges might be reinstated; the prosecution still has the burden to prove the case in a courtroom.
By the way Red Anon, it’s been the prosecution who has “prolonged a jury trial” by appealing the demurrer ruling.
I always felt this case will one day be heard in the US Supreme Court.
Rednon, billyjack and repairman smell alike. Why is that? Could they be paid by the same fowl smelling DA? The truth is coming when justice becomes blind. Good luck Dave, the election will be fun for some but not you and Mikey.
OOF#7……Nice attempt at dowsing the fire. What this really means is that Larson will be taking more of that $102 million for his legal fees and that real legal threats hang over the heads of the accused and the possibility of real prison sentences with long spans of time away from families and loved ones. I wonder how Christmas is celebrated in prison? Do children get to come in and visit their parents? what about wives and girlfriends? I wonder what it is like to get a visit from ones parents and to have them see you in prison blues? One should never take the betrayal of the public trust lightly, just ask Chas Kelley. BTW, I see Larson is also defending a band of corrupt lawyers that were ex-cops, does he only defend corrupt people? He wasn’t kidding when he said that he quite being a judge so that he could make more money. He is really raking it in.
Nosey #10……The three of us as opposed to the rest of you paid by the same corrupt developer? Oh and Dave doesn’t have a chance in the upcoming. The Tea Party is washed up and all but disowned by the Republican party. Ramos will win in a landslide.
All this bantering is funny.
So far, the legal manuevering involved a demurrer to the wording of the indictment on its face. That’s it!
Keywords in the opinion: “at the demurrer stage”. Meaning the wording is sufficient to survive a “pre-arraignment” demurrer. The likely upcoming defense motions will tell the tale here.
It’s no secret, at least within the local legal community, that this case is riddled with statute of limitations problems, not to mention grand jury misconduct issues.
At this point, it’s a little soon for anyone to be celebrating anything. Expect more drama though.
Nosey #10: “Rednon, billyjack and repairman smell alike.”
!!RED!!
I’ve been moping around and pouting for the past few days because, like everyone else here,I highly suspected Mr. Larson would not be cut loose or shown any short cuts to the finish line … actually,looking for that stop-button was a tempting thought
Anyways, when I saw you earlier I was actually thrilled, my first thought was- wow best Christmas surprise ever, Red is back!! But I didn’t say anything because although you sound like the Red I used to know- and disagree with- you are now GREY.
How do I know it’s the Red velvet you?
How do I know I’m not being punked by another here?
If it’s you, are you really the three mentioned???????
If so, please tell me!!!! I will not be mad if you admit it now. But if someone else proves to me that you are all three before you confess, then I will not like you anymore, not that it matters, but just tell me so I won’t be making an axx out of myself by asking for you constantly when you are already here in Repairman and BJ.
As a lay person I think the Court erred in it’s review. If I was ever to be a briber, of course I want the recipient to actually receive the bribe by what ever means, that’s my whole point. When I hand over the cash, in essence I become an aid and abetter. To not continue to keep these charges separate appears to be nothing more than the prosecution being able to choose the flavor of the month, but it’s all ice cream.
The Judicial system and it’s millions of laws and interpretation is a travesty of common sense and the balance of scale.
I guess that’s the world we live in now, over think way too much. KISS
I was under the impression that the Supreme Court could not consider any of the facts of this particular chase, just the legal theories of the charges. I was apparently wrong, because the opinion includes “background” of the case that couldn’t be much more slanted if Joe Nelson wrote it.
I still do not understand why the case was “remanded to the Court of Appeal for further proceedings.” Perhaps there is good reason, but to me it appears to be a tactic to further delay the prosecution having to prove their case.
To those who claim that the “Red Hill Country Club” judges have leaned toward the Defendants, the Supreme Court Judges have balanced things out.
Billy Jack Attack:
Regarding my attempt to “douse the fire,” you are certainly reading a lot more into this ruling than I am. We are a LONG way from anybody receiving “prison sentences.”
In fact, the Supreme Court’s decision to remand the case to back down to the Appellate Court for “further proceedings” delays any actual trial even longer. Perhaps that was the intent?
At this rate there might be two District Attorney election cycles before the prosecution has to start proving their case.
I think Kamala may be passing out those hugs of hers around town, remember, like the endorsement hug from that pic with bug eyed Ramos… This case seems destined to postponed until after the election, kind of like Hoops’ resignation. It’s all about that election cycle. I just wonder how many people got a hug from Kamala.
OOF#16……This decision puts wind into the sails again and solidifies the idea that what you are smelling is actually a rotting fish stench coming out of the pockets of the accused. Now that this has been to the state supreme court, there will be more state attention on this matter and less room for colony shenanigans.
As for two DA election cycles before seeing an actual trial, that may be so. Rest assured that Mike Ramos will win those elections and be there fore that trial.
Anon#13…………..Yes its me. I don’t know how I would prove it though and I can’t explain what happened to my color. I think the Administrator took it from me somehow.
1. “a”nonymous, nice to see you again, Merry Christmas!
2. #21[?] “solidifies the idea that what you are smelling is actually a rotting fish stench coming out of the pockets of the accused.”
Yeap, that sure sounds just like the RED I disagreed with, have missed, and that amused me so much… BUT STILL, I’m not convinced- perhaps I’m smelling a rotting fish stench coming out of the pockets of— who????
3. “Yes its me” ME WHO?????????
YOU MEAN “Rednon, billyjack and repairman smell alike.” THAT YOU?????
I WON’T MIND, JUST TELL ME!!!!!!!!PLEASE.
Red [?],
p.s.
Anon#1……You know, when the allied forces had Berlin surrounded, the Nazi high command also told their supporters “the trajectory of the war is at a stand still”…….The German public knew otherwise.
GERMANY???!!!!!
ARE YOU KIDDING BRINGING GERMANY UP!!!!
!!!!!!!!WE HAVEN’T LEFT RUSSIA!!!!!!!
Prove it #24………….Anon#23 did not like my reference to Berlin being surrounded, he thinks its still in the 2nd quarter so for the sake of appeasing him, let us just say that this ruling was the Normandy beach landing. Sure there may be a battle of the bulge somewhere in there, but you will start so see more and more falling back and re-treating on the part of the defendants. Look, I’m trying to help you folks out by bringing you into the reality of the real world the developer/tea party propaganda has blinded you to. Interest in this case is resurrected with the announcement of this ruling and especially so with the recent verdict in the Bell case. Judges are going to be a lot more carefull with their rulings knowing that grater attention is on them and juries are going to administer verdicts with a heavy hand. So yes, TIC TIC TIC BOOM , but not for Mr Ramos. That boom went off Monday in Sacramento and the percussion made for a sour Christmas for the defendants.
My advise, go make a deal before it is too late. Get some years knocked off your sentence. Cleanse this stench from your life once and for all and start over with a fresh conscience. Heck, maybe you can even get a book deal when its all over and go around and lecture like Jack Abrahmoff. Shoot, I would buy that book and pay to hear that lecture.
Red, only a Ramos propaganda machine would think the defendants have something to fear. See what you just don’t understand or care to ignore is that the innocent have nothing to fear. The case has not changed one bit from this ruling, except when the case gets dismissed bribery will be also be thrown based upon facts. Happy holidays just don’t get your hopes set on innocent people getting convicted , it’s not going to happen. Enjoy your NewYear in peace.
Red Anon, let me help you with another thing you dont or cant understand. The liberal turds in Sacramento ruling was based as if 100% of the allegations were true. In other words they were bound to accept as fact ALL allegations were true so of course under that scenario the defendants could be both a giver and a receiver of a bribe (which overturns 100 years of case law but what the heck). So as my handle suggest now Mikey PROVE IT and not by making statements to your controlled media or through the PR machine of these blogs but in a courtroom. This will make for an interesting year capped off by watching scumbag DA sqirm on the stand (if it gets that far and my bet is it wont) Merry Xmas Mikey enjoy this last one in office. Peace Out
Prove it#27…………….other things that had many years of case law were slavery, child exploitation, and indentured servitude, but we are not a nation of robot drones. As humans, especially in a progressive and beautifully liberal state such as CALIFORNIA, we change things such as archaic laws. Now if you want to live in an ass backward state, there is always Texas and any number of southern states that you might feel at home in. However, here in California, there are many years of progressively un-doing Reagan,Deukmajian, and Wilson nonsense still ahead of us. This is a beautiful ruling by the court and I congratulate them on their advanced understanding and insight of modern law.
29 youre an idiot. Typical libertard trash. The decision didnt break any new ground, nor did it overrule anything.
Insider2 #30………………It’s always someone else’s fault right? Rex went to prison because he had a bad lawyer? yet that same bad lawyer finished the first trial with a hung jury. Maybe, just maybe, Rex went to jail because he was guilty. After all, he was convicted by a jury of his peers. It’s time to stop making excuses and start facing the truth that these people you support are corrupt victimizers of the public. So you believe in justice? For who? the sackers of the public purse and not the true victims e.t the tax paying public. Up is down and down is up with you. The bizarro Bush dimension that fostered this behavior is gone and that’s why this case will not go away. It now has a life of its own and is panting to a conclusion that will not fare well for the accused, otherwise it would have vanished from public knowledge by now. Lord knows there has been more than one opportunity to have put this to bed.
Anon31#…..keep telling yourself that. The case is re-invigorated and in the public eye on a larger scale. Local Red Hill judges must now tread very carefully. So I’m afraid that this decision carried a little more weight then you think.
Anon#31…..oh and ya I am libtard trash and so is most of the state of California, ENJOY!
Red, I liked your analogy with Berlin, but this situation also reminds me of when Baghdad Bob, the Iraqi Information Minister was giving a press conference on the roof of a hotel, assuring everyone the Iraqi army was turning back the American infidels, “burning them in their tanks”, while the whole time in the background, over his shoulder you could see the American tanks rolling into the city. That was about the last we ever heard from old Bob, well, that is, until he made headlines by hanging himself.
Repairman…..I do believe your analogy hits closer to home. Somehow, I do not think the egg nogg is sitting well in the stomachs of the accused this fine Christmas day. As to old Bob, I certainly hope that non of the accused do anything of that nature. Remember guys, it’s only money. Even though you are all middle aged, it is still not too late to come clean and re-build your lives into something more respectable.
It’s kind of quiet around here.
Repairman and Red,
You guys are pushing us into a TWO-FRONT war with all your war stories!
Q: Again, are both of you one and the same?
I told you things were going to turn around !
Anon#38…..nope, two different people.
Red,
I’m on the fence about this, but I’m going to believe you, maybe only because I want to believe you are the one and only RED…
Anon#42…….It’s me, but more than that, you should be believing that the four accused are on a sinking ship with sharks in the water and only three single person life boats.
Red,
LOL
Wow, YOU are “RED”- cool!
I know your thinking, apparently it hasn’t changed a bit, I still disagree with you, and it’s amusing as ever!
Now, because something is bugging me, will you humor me and reassure me again(x5) that you are NOT Repairman before I celebrate your return too much… I detest surprises!! I don’t want to hear later on, even if it’s decades later, that you were toying with me, so if there is anything you want to reveal please do so now BEFORE THE NEW YEAR.
As I stated, I will not be bothered, I just want to direct my responses to ONE and not someone playing a double role- it makes me feel silly, stupid, and toyed with.
Anonymous #45
Nope, Red’s right, two different people.
Anon#45….I have never personally met Repairman, but I definitely appreciate that there is at least one person on this site that shares some of my views.
PS……………I have absolutely no idea as to what happened to my color.
1. Thank you Repairman, I do recognize some differences…
2. Red Anon on December 25th, 2013 5:10 pm
Anon#38…..nope, two different people.
NOW RED, COULD YOU JUST REASSURE ME THAT *BOTH* OF YOU JUST LIKE THE WORD “NOPE” OR YOU CAN CONFESS THAT YOU HAVE A DOUBLE PERSONALITY…. YOU CAN REIN ONE IN AND START THE NEW YEAR WITH ONE- YOUR CHOICE.
Red,
seems you answered my Q- thank you
Anon#49…..I thought #38 was you. Are you the one everybody claims is Denny JR?
I cannot speak for Repairman, but I do occasionally use NOPE.
Prove it #27……….I forgot to mention that 6 of the seven liberal turds that handed down Monday’s glorious decision are Republicans appointed by Deukmajian, Wilson, and Swatzenneger. I felt that this would be important information for you to use in calculating just how far off course your moral compass is.
Yes, #38 was me.
Am I Mr. Norwiki? Here’s my answer to you before you vanished- it still applies:
Anonymous on March 8th, 2013 7:28 pm
///
Red,
No, I’m not DENNIS NOWIKI Jr., but unless he comes on here to object, then yes, I accept his Viking name! In fact, if administrator gets a call from him requesting for us to drop his name, we will (administrator, please keep us informed on Mr. Wowiki, Jr.’s wishes, but inform him he is considered a warrior on this blog leading the Viking battle!
Red Anon thats because a Republican Governor was in power when the positions opened up you delusional worm…. Liberal Turds they all are with Baxter the King Turd…
Prove-it#55…….Then those republican governors were some stupid people if they did not appoint individuals that would uphold “so-called” Republican values.HA HA HA HA! Wouldn’t you agree??????????????? Those judges were sending a message loud and clear. Try and down play it all you can, but rest assured that the defense got the message and it was loud and CRYSTAL clear. They will not support corrupt developer shenanigans plain and simple.
DENNIS NOWIKI Jr go back and look for Santa Clause you fool. #54 is this nutt case who is on drugs. He is a doped up fool.
WHATEVER TO ALL OF YOU!!!!!!!! LATER!!!!!
54 and 59 is denny the drug head nodicky.