Scales of Justice

By Joe Nelson, The Sun
Posted: 01/30/14, 8:05 PM PST | Updated: 1 hr ago

Another motion alleging prosecutorial misconduct and requesting dismissal of the Colonies corruption case was served on prosecutors Thursday in San Bernardino Superior Court, but the motion remains under seal.

The motion, which pertains to a search warrant that was served during the criminal investigation, is in addition to four motions filed by defense attorney Stephen Larson on Monday seeking dismissal of the case.

Larson represents Jeff Burum, a Rancho Cucamonga developer and a key defendant in the case. The motions he filed on Monday allege prosecutorial misconduct, insufficient evidence and the statute of limitations having lapsed to charge the defendants with the crimes, which allegedly occurred in 2005 and 2006.

Larson and prosecutor Lewis Cope told Judge Michael A. Smith at Thursday’s pretrial hearing that they did not object to the unsealing of the motion. A series of secret hearings have been under way in the courtroom of Judge Glenn Yabuno regarding the potential unsealing of the motion.

Another hearing was held Thursday in Yabuno’s courtroom following proceedings in Smith’s courtroom, but Yabuno still made no decision on whether he would unseal the motion.

In one of his motions filed Monday, Larson made reference to the fifth and sealed motion that was served Thursday, which he said illustrates “the most egregious post-indictment conduct” by prosecutors to date. What that alleged misconduct is has not been disclosed.

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