Attorney: Former San Bernardino County Assistant Assessor Jim Erwin civil rights violated

Joe Nelson, The (San Bernardino County) Sun
Posted: 10/17/2011 02:19:00 PM PDT

The attorney defending former San Bernardino County Assistant Assessor Jim Erwin in a sweeping corruption probe is alleging that an FBI search of Erwin’s home was flawed and that Erwin’s civil rights were violated.

A motion filed by attorney Rajan Maline in U.S. District Court in Riverside on Oct. 11 is the second to be filed in the last three weeks challenging the strength of the Sept. 15 FBI raid in connection with an investigation into the county’s $102 million legal settlement with Rancho Cucamonga developer Colonies Partners LP in November 2006.

On Oct. 3, attorney Stephen Larson, who represents Colonies’ co-managing partner Jeff Burum, filed a motion with the court alleging Burum’s civil rights were violated and FBI agents essentially lied to him and in an official court document, tainting the search altogether.
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Judge won’t dismiss charges for three alleged gang members

SAN BERNARDINO – A Superior Court judge denied a request Friday to dismiss the charges against three of nine alleged members and associates of the Pimps, Players, Hustlers and Gangsters street gang, who are accused of conspiring to kill two rivals.

Lawyers for Edward Jermaine Lair, Henry Duffy and Dearnaz Wilson argued their case in a motion before Judge Michael Smith in San Bernardino Superior Court.

Lawyer Stuart O’Melveny argued there was a lack of evidence showing that his client, Lair, was a participant in the alleged conspiracy.

Meanwhile, lawyers Andrew Haynal and Marjorie Barrios, who represent Duffy and Wilson, said information from a confidential informant – who told police he had smoked PCP that night – is unreliable.
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Lawyers for Old Fire suspect seek to get indictment dismissed

Defense lawyers for Old Fire suspect Rickie Lee Fowler have filed a 170-page motion seeking dismissal of the Grand Jury indictment against him.

The motion alleges prosecutors failed to present exculpatory evidence – evidence that tends to show a person should not be indicted – to a criminal Grand Jury that was assembled in August 2009 to hear witness testimony about the 2003 deadly and devastating wildfire.

The motion from lawyers Donald Jordan and Michael Belter, which was authored by Jordan, was briefly discussed Monday at Fowler’s scheduled appearance before Judge Michael Smith in San Bernardino Superior Court.

Read the actual defense motion here or here.
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