scales-of-justice

Monday, January 27, 2014 – 03:30 p.m.
Last Modified: Saturday, February 1, 2014 – 03:30 p.m.

[**Update: The post has now been updated with all supporting exhibits.**]

Defense attorneys in the highly-publicized Colonies criminal case lodged long-awaited dismissal motions in San Bernardino County Superior Court on Monday.

Local Prosecutors, along with attorneys for defendants Jeff Burum, Jim Erwin, Mark Kirk and Paul Biane, appeared in court on Thursday, January 30, for a status conference.

All four defendants have steadfastly-denied any wrongdoing.

A fifth dismissal motion, lodged with the court under seal on July 17, 2013, will remain sealed until further order of the court.

The prosecution was given 60 days to respond to the defense motions. Superior Court Judge Michael Smith has indicated he will hear testimony and argument on the motions starting May 5th.

To view the motions, declarations and exhibits, click on the following links:

[ ***Note: Any supporting document/exhibit containing a 5-digit number, in the bottom right-hand corner, was provided to defense attorneys by prosecutors.]

Motions lodged by Defendant Jeffrey Burum

Defendant Jeffrey Burum’s Notice of Motion and Motion to Dismiss Indictment Pursuant to Penal Code Section 995

Defendant Jeffrey Burum’s Notice of Motion and Motion to Dismiss Indictment Pursuant to Penal Code Section 939.71 (Johnson Motion)

Defendant Jeffrey Burum’s Notice of Demurrer and Demurrer, or in the Alternative, Motion to Dismiss the Indictment as Barred by the Statute of Limitations

Defendant Jeffrey Burum’s Notice of Motion and Motion to Dismiss Indictment for Prosecutorial Misconduct; Memorandum of Points and Authorities; Declarations of Alex Stalcup, M.D. and Elizabeth F. Loftus, Ph.D.

Motions lodged by Defendant James Erwin

Defendant James Erwin’s Joinder in Jeffrey Burum’s Motion to Dismiss Counts 1,4,5,7,8 and 13 Pursuant to Penal Code Section 995; Notice of Motion and Motion to Dismiss Counts 17,18.23 and 25 Pursuant to Penal Code Section 995

Defendant James Erwin’s Joinder in Defendant Jeffrey Burum’s Motions to Dismiss

To view the exhibits to the primary motions, click the following links: