District Attorney/Attorney General file for rehearing in Colonies appeal

Colonies Four

We have been wondering what the next step would by for the prosecution in the Colonies Four matter.  Today, the San Bernardino County District Attorney/California Attorney General filed a rehearing petition with the 4th District Court of Appeal.

The case stems from the $102 million settlement between the County of San Bernardino and the Colonies Partners.  Prosecutors say the settlement was tainted with blackmail and bribery.  The four defendants are Colonies partner Jeff Burum, former BOS Chairman of the Board Paul Biane, former BOS Chief of Staff Jim Erwin, and former BOS Chief of Staff Mark Kirk.

Last year San Bernardino County Superior Court Judge Michael Smith through out conspiracy charges against the defendants for statute of limitations issues but numerous other charges remain.  The People appealed but recently lost.  Court records indicate that the People filed a petition for rehearing today.  Once we learn the basis for the request, we will pass it along.  The likely reason is to set the stage for an appeal to the California Supreme Court.

3 thoughts on “District Attorney/Attorney General file for rehearing in Colonies appeal

  1. If one doesn’t consider this potential desperation at this time you MIGHT be a idiot.

  2. Problem is that the Riverside Court of Appeal does not read the Briefs. It’s composed of Deukmejian, Wilson, and Schwarzenegger hacks who’ve become a Kool Aid Correctness Group.

  3. Today is a day of reckoning for either the District Attorney to disprove allegations of misconduct during the Colonies case or the defense to prove there was. That simple.

    This motion the DA filed for rehearing I understand has to be answered by the Appeals Court within 5 days of receiving it. So we will hear something most likely next week.

    If the motion is denied it opens the door for the DA to ask the Supreme Court the hear the motion.

    What impact does it have on the hearing today? NONE.

    What impact does it have on the Feb 1 trail date? NONE.

    If the State Supreme Court hears the case before Feb 1 and sides with the DA the conspricacy charges that were dismissed will be overturned and placed back with the remaining charges.

    Since the defense team was prepared to move forward with or without those charges in place it seems of little importance in the big picture.

    One has to suspect if one is worried about ALL charges being in place in order for a successful prosecution to take place there must be a WEAK link somewhere.

    ONLY ONE charge needs to be sustained, and that makes you the winner at the end of the day, then who cares if you have 50 charges or only 25?

    It’s all up to Judge Smith today to either grant or deny this hearing. It’s up to the Judge to grant or deny the motion to quash subpoenas. If he grants the hearing it could run for a couple weeks.

    The hearing is open to the public starting at 10am so one can slide into the courtroom and watch their favorite attorney do their thing.

    I look forward to seeing what newspaper reports what facts and testimony if it should go that far.

    It’s time for everyone to anty up no matter who you are rooting for.

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