question-mark

Friday, April 5, 2013 – 09:30 a.m.

When the San Bernadino County District Attorney announced charges against former San Bernardino International Airport (SBIA) Project Manager Scot Spencer, and an associate, last week I asked myself two questions.

The first question was are these two men going to be the fall guys to let everyone else off?

And the second question was why file charges now? Especially if the Joint Task Force investigation is ongoing.

Well, the second question started to look a little ominous after examining the timeline of the chain of events. Just like other so-called corruption cases brought of late, there would appear to be some statutory issues lurking in the woods.

One thing is certain. Prosecutors clearly ran out of time. They had to bring some sort of charge against Spencer and associate Felice Luciano. As a matter of fact, time may have already passed to bring some of the charges that were filed against the two. But who cares? Just let them get thrown out. The press conference was all good. Right!!

When in court last week, the attorney for Luciano raised the spectre of filing a demurrer. A legal jurisdictional motion that asks the court to examine whether or not the charges properly stand are their face. In other words, the defense says considering everything alleged, so what?

As a rule, demurrer’s rarely succeed in criminal cases. But in criminal cases in San Bernardino County they often do.

The violation date for the instant case is purportedly July 23, 2008. The case was filed March 22, 2013. Intervening acts of alleged perjury and supplying false documents fall in the interim, more specifically in March 2010.

It’ll be interesting to see all the wiggling that goes on to try and hold these charges together.

Don’t get me wrong. What happened at SBIA is a tragedy and people, not just Spencer and Luciano, need to be held accountable. Let’s just hope this isn’t some sort of charade, or “Hail Mary” that goes terribly wrong.