Sheriff's detectives say the two suspects, Joseph Villa and Angela Lucia Sanchez, knew the victim. But detectives did not release any motive that the pair may have had in Rayas' death, said Cindy Bachman, a sheriff's spokeswoman.
Villa, 23, and Sanchez, 38, pleaded not guilty to murder charges at their arraignments Wednesday in Victorville Superior Court, according to the San Bernardino County District Attorney's Office.
]]> Detectives say Rayas was suffering from a gunshot wound when a passer-by found her at 3:30 p.m. on May 17. She was flown to a hospital, where she died the next day.Deep Creek is located in unincorporated Apple Valley.
After months of following up on leads, conducting interviews and seeking additional information, detectives located Villa and Sanchez.
"Over the course of the investigation, Joseph Villa was identified as the primary suspect involved in the murder of Raquel Rayas," according to the statement.
Bachman said detectives described Villa and Sanchez as "associates," but they are releasing few details about Rayas' death.
On Monday, detectives with the sheriff's Specialized Enforcement Detail found and arrested Villa at a social services office in Victorville. He was booked later that day into West Valley Detention Center, in Rancho Cucamonga, on suspicion of murder.
Sanchez agreed to meet with detectives Monday at sheriff's headquarters in San Bernardino. She was later booked on suspicion of murder into Central Detention Center in San Bernardino.
Villa is being held in lieu of $1 million bail, while Sanchez is being held without bail, according to the sheriff's department.
Villa returns to court Monday to confirm the appointment of his lawyer, while Sanchez doesn't return to court until Nov. 28.
Anyone with information about Rayas' death is asked to contact Detective Ryan Ford at 909-387-3589 or 909-387-8313. Callers wanting to remain anonymous can contact We-Tip at 800-782-4763 or via its website at www.wetip.com.
]]>A parole board determined that John Wilton Zenc was "unsuitable" for release on parole during proceedings Wednesday at Ironwood State Prison, confirmed Deputy District Attorney Jennifer Dawson.
Zenc, now 54, was convicted of raping and killing 15-year-old Paula Hernandez, as she walked home from school in March 1977.
]]> Family members of Hernandez have been going to great lengths to keep the teen's killer behind bars. He is housed at Ironwood.Zenc had hired an attorney in his bid to get paroled.
Paula was reported missing by her family March 22, 1977, when she didn't return home from school. She was a sophomore at Redlands High, where she ran track.
Officer Tom Grimes took the missing person's report. The next day, Grimes found Paula's body in an orange grove near the University of Redlands. A friend of Paula's spotted her books near the railroad tracks.
In a taped confession to police that was played in court during his trial proceedings, Zenc said he dug a shallow grave in an orange grove on Grove Street near Sylvan Boulevard, then grabbed the girl as she walked along railroad tracks that she routinely passed to get home.
Zenc told police that he strangled Paula as he raped her. He looked at her lifeless body for about 20 minutes before burying her in the shallow grave, Zenc said.
Authorities say Paula was beaten in the head and chest with a blunt, heavy object.
A jury convicted Zenc in December 1977, and he was sentenced to life in state prison. He receives a parole hearing every five years.
]]>The court is scheduled to release the opinion at 10 a.m. in the case Perry v. Brown, according to a statement today from the Judicial Council of California. It will be available on the California Courts website at: www.courtinfo.ca.gov/cgi-bin/opinions.cgi
At issue is whether supporters of Prop 8 have the legal standing to appeal a federal judge's ruling last year - which overturned the ban on same-sex marriage - when the governor and attorney general decline to do so.
]]> The court is expected to issue an opinion which addresses only the question of standing.Lawyers for each side delivered arguments regarding standing before the Supreme Court on Sept. 6 in San Francisco. In usual practice, the court will not answer questions about the opinion, according to the statement.
Chief U.S. District Judge Vaughn Walker declared Prop 8 unconstitutional in August 2010. Gov. Arnold Schwarzenegger and Attorney General Jerry Brown, the governor-elect, both refused to challenge Walker's ruling.
A coalition of religious and conservative groups filed an appeal in the 9th U.S. Circuit Court of Appeals, which is awaiting the Supreme Court's decision.
]]>Family members of 15-year-old Paula Hernandez are doing whatever they can to keep the teen's killer, John Wilton Zenc, behind bars. They will be attending the hearing at Ironwood State Prison, where Zenc is currently housed.
"I don't want this to happen to another family," said Ruth Lopez, Paula's sister. Zenc, now 54, has hired an attorney in his bid to get paroled, Lopez said.
]]> Paula was reported missing by her family March 22, 1977, when she didn't return home from school. She was a sophomore at Redlands High, where she ran track.Officer Tom Grimes took the missing person's report. The next day, Grimes found Paula's body in an orange grove near the University of Redlands. A friend of Paula's spotted her books near the railroad tracks.
In a taped confession to police that was played at a pretrial court hearing, Zenc said he dug a shallow grave in an orange grove on Grove Street near Sylvan Boulevard, then grabbed the girl as she walked along railroad tracks that she routinely passed to get home.
Zenc told police he strangled Paula as he raped her and then buried her. Zenc was later convicted and sentenced to life in state prison. He receives a parole hearing every five years.
]]>The lawsuit, filed in U.S. District Court in Riverside, claimed that parking, paths of travel, courtrooms, bathrooms and other areas were inaccessible to people with mobility or manual dexterity disabilities.
Lawyers for the Disability Rights Legal Center in Los Angeles, which represented plaintiffs in the case, said Tuesday that both sides worked hard to reach what they described as a model settlement that could be a blueprint for any court system in any county.
]]> "We're really proud of the settlement," said attorney Paula Pearlman, the center's executive director. "We really commend the county and court system for the commitment they've made."To reach the proposed settlement, the county sent a surveyor to each of the 13 court sites named in the suit to conduct a top-to-bottom assessment. What developed was a very clear picture about the conditions at each courthouse and barriers to access for disabled persons, according to the center.
Both sides then participated in negotiations with a settlement officer, U.S. District Court Judge George H. King.
U.S. District Judge Virginia Phillips in Riverside granted the proposed settlement on Nov. 10, according to court records.
A copy of the proposed settlement is available on the court's website at www.sb-court.org. A final settlement approval hearing is set for 2 p.m. Feb. 13 in U.S. District Court in Riverside.
San Bernardino County officials declined to comment on the suit, and the San Bernardino Superior Court's executive officer, Stephen Nash, could not be reached.
The plaintiffs named in the lawsuit were Ruthee Goldkorn, John Lonberg, Kimberly Wilder and Alfred Chichester.
They alleged in the lawsuit filed in July 2006 that inaccessibility at the courthouses was in violation of the Americans with Disabilities Act, the state's Unruh Civil Rights Act and more.
A separate lawsuit filed by Goldkorn in state court was stayed pending the outcome of the federal matter.
The proposed settlement states the amount for damages and attorney fees is $770,000. The county will pay $445,000 of that amount, while the courts will pay the remaining $325,000, according to county spokeswoman Lynne Fischer.
Of the $770,000 figure, $690,000 will cover attorneys' fees and costs by the plaintiffs. In exchange for a full release of all claims, the remaining $80,000 will go collectively to the four plaintiffs and the estate of Michael Flippin, another plaintiff who died during the course of the suit.
A five-year schedule was established for completion of improvements at the court sites. Remediation plans vary for each courthouse, though each plan is designed to provide access to 16 areas, such as parking, exits, witness stands, jury boxes, restrooms.
The county does not have dollar estimates of the work to be completed, Fischer said. The agreement does not apply to non-public areas such as judges' chambers or areas used by court employees.
An additional payment of $61,000 to monitor the improvements will be split by the county and the courts, said Fischer.
The courthouses included in the settlement are: Rancho Cucamonga, Victorville, Needles, Barstow, Big Bear, Fontana, Chino, Joshua Tree, Juvenile Delinquency, Juvenile Dependency, San Bernardino Civil, San Bernardino Central and San Bernardino Annex.
Judges, commissioners and some court staff will also receive training about the terms of the settlement agreement. An access guide and diagrams for persons with disabilities will be required to be posted at all locations.
The case is Goldkorn, et. al. v. County of San Bernardino, et. al.
]]>San Bernardino Superior Court has agreed to settle an $831,000 class-action lawsuit claiming the county's courthouses are inaccessible to the disabled, court officials said today.
Four plaintiffs named in the federal lawsuit will split $80,000 in damages. San Bernardino County is expected to pay $690,000 in attorneys' fees and costs, and another $61,000 to monitor the county's progress in making courthouses accessible.
The settlement terms include plans to improve disabled access in entrances, emergency exits, witness stands, jury boxes and other areas of the courthouses.
San Bernardino County and the Superior Court officials "denied and continue to deny the allegations and claims in the actions," according to the settlement.
]]>At a scheduled preliminary hearing for Lozano in San Bernardino Superior Court, Judge James Dorr ruled that prosecutors presented insufficient evidence to hold Lozano for trial on charges of possessing body armor and participating in a criminal street gang.
"The court finds there is insufficient evidence as to both counts and the allegation," Dorr said during the proceedings.
]]> The judge ordered the charges dismissed against Lozano, 35, of Fontana. He was one of a handful of local Vagos members who were arrested as part of a statewide investigation, state and local law enforcement agencies announced in October.At a preliminary hearing, a judge listens to witness testimony and reviews evidence to determine if sufficient evidence exists to hold over the defendant for trial.
In Lozano's case, the charge of possessing body armor was only illegal if he had a violent felony conviction, prosecutors said. Prosecutors had alleged in the charging documents that Lozano was convicted in 2004 of negligent discharge of a firearm.
But defense lawyer Mark McDonald told the court that his client's conviction of California Penal Code section 246.3, "while a strike, is not a violent felony."
McDonald argued during the proceedings that the conviction was a serious felony - a separate legal distinction.
Prosecutors didn't provide evidence to say whether Lozano was the person who actually fired the gun in the 2004 conviction - which would have been a violent felony - or whether he was simply an aider-and-abettor.
McDonald later declined to comment about the ruling.
After the hearing, Deputy District Attorney Steve Sanchez said he intends to obtain court records from the 2004 case and possibly re-file the body armor charges.
Lozano has another case from 2009 in Fontana Superior Court for evading police with wanton disregard for public safety. He was out of custody on a bail bond in that case when he was arrested in the body armor case.
However, Lozano's bail bond was never exonerated in the evading police case, according to the defense, and he should be released from custody. He returns to court on that case Friday for a trial readiness hearing.
]]>RIVERSIDE -- A federal judge seemed poised to rule that federal agents did not violate the civil rights of Rancho Cucamonga developer Jeff Burum when they served search warrants at his home and office in September.
During a two-hour hearing Thursday in U.S. District Court, Judge S. James Otero heard arguments from Burum's attorney, Stephen G. Larson, and Assistant U.S. Attorney Jerry A. Behnke over whether federal prosecutors should be able to retain documents and other information seized during the Sept. 15 raid.
There is no deadline or estimated amount of time for Otero to deliver a decision, lawyers said. All they can do is wait for an email alert from the court that a ruling is available.
]]> In the meantime, federal prosecutors are proceeding with their investigation of Burum and other three others in connection with the 2006 lawsuit settlement between San Bernardino County and Colonies Partners.Former Assistant Assessor Jim Erwin and Mark Kirk, the former chief of staff for county Supervisor Gary Ovitt, also are challenging FBI searches of their property, court records indicate.
Larson alleges the warrants that FBI and IRS agents served at Burum's home and office were overly broad and vague, and that agents were essentially on a fishing expedition. He also alleges agents acted in callous disregard for Burum's civil rights, lying in a search warrant affidavit that Larson had condoned a search of his office and had escorted agents during the office walk-through.
Despite a declaration by FBI Agent Jonathan Zeitlin that agents did not search Larson's office without Larson present, Larson said in a court motion that a surveillance video showed agents entering his office, and one agent went through his desk drawers.
Otero saw things differently.
"This appears to be simple human error," Otero said during Thursday's hearing. "A mistake does not become a significant error unless it's not corrected."
He based his opinion on declarations made by Zeitlin and FBI Special Agent Anthony Montero, in which Montero admitted that Zeitlin had given him the affidavit for vetting and that Montero signed off on it, overlooking the information indicating that Larson condoned the walk-through of his office and was present during it.
Behnke said the government takes such matters seriously.
"And the government apologizes for the mistake that was made," Behnke said. He said nothing was seized from Larson's office and law library, which are housed in the Diversified Pacific building on Civic Center Drive in Rancho Cucamonga. Burum founded Diversified Pacific in the 1990s, and roughly four dozen other businesses that Burum has a vested interest in are housed in the same building.
Larson disputed Otero's argument that federal officials had appropriately corrected their error.
"Only once they received the video surveillance did they say, `Oh, it was a mistake,"' Larson said.
At the heart of Thursday's hearing was whether the court should consider blocking federal prosecutors' access to the documents and electronic data seized from Burum's home and office based on Larson's allegations.
FBI and IRS agents served nine warrants during the daylong raid in connection with San Bernardino County's $102 million legal settlement with Rancho Cucamonga- based investor group Colonies Partners LP, of which Burum is a co-managing partner, in November 2006.
The settlement ended a nearly five-year legal battle over who was responsible for paying for flood-control improvements at the developer's 434-acre Colonies at San Antonio residential and Colonies Crossroads commercial development in Upland.
The San Bernardino County District Attorney's and state Attorney General's offices already have charged Burum and three former county officials with conspiracy and conflict of interest in connection with the settlement. Prosecutors allege the settlement was the result of bribery and blackmail.
Larson said the federal investigation into the Colonies' settlement is unique due to the state's pending criminal case in San Bernardino Superior Court.
Otero, however, said there was no evidence to show that information from the federal searches will be shared with state and local prosecutors.
Also charged in the state case are former county Supervisor Paul Biane, former assistant assessor Jim Erwin and Mark Kirk, former chief of staff for Supervisor Gary Ovitt. All four defendants deny any wrongdoing.
In a rare move, prosecutors last week agreed to return to Burum and Larson the materials seized during the raids, but have retained copies for their investigation. Larson, however, is trying to have the searches quashed by having them declared illegal.
Otero did not issue his ruling Thursday. That will be made in writing and announced at a later date.
Larson said he expects to receive Otero's decision via e-mail.
Behnke declined to comment following the hearing.
]]>Ramos told members of the Inland Empire Chapter of the Federal Bar Association that he plans to cross-designate one of his local prosecutors with the U.S. Attorney's Office.
Ramos revealed the plan while discussing a host of top issues affecting public safety, such as street gangs, medical marijuana and mortgage fraud, alongside Riverside County District Attorney Paul Zellerbach and U.S. Attorney Andre Birotte Jr. during a meeting at U.S. District Court in Riverside.
]]> The cross-designated prosecutor, known as a special assistant U.S. attorney, will give federal prosecutors an edge with more local expertise. It will enable more local cases to be prosecuted using federal laws, such as the Racketeer Influenced and Corrupt Organizations Act.Federal laws generally carry stiffer sentences, and unlike overcrowded California prisons, federal institutions have room for more inmates, the lawyers said.
"I think it benefits both ways," Ramos said. His office already participates in task forces with federal agencies.
Ramos did not say who from his office would be the special assistant U.S. attorney, or SAUSA, but that person could be appointed by year's end. The move comes as federal and local prosecutors are looking for ways to maximize resources and effectively fight crime in an era of tight budgets.
Zellerbach said the Riverside County District Attorney's Office has had a SAUSA for years.
"The federal government has resources available to them that the state doesn't," Zellerbach said.
Birotte said he has 11 federal prosecutors to cover all the federal cases in the Eastern District of San Bernardino and Riverside counties. SAUSAs serve an important role, he said.
"I view it as an essential tool for the work that we need to do here," Birotte said. A difficult economic climate has forced government agencies to come together, he said.
Ramos said his office would not have accomplished as much in its public-corruption cases without federal partners. His office has investigated alleged public corruption stemming from the $102 million settlement in 2006 of the county's lawsuit with Colonies Partners LP, as well as alleged malfeasance in the county Assessor's Office.
Investigation of public-corruption cases would have been "impossible without the assistance of the FBI," Ramos said.
On another topic, both district attorneys said state prison realignment, stemming from Assembly Bill 109, is having a dramatic impact on justice in the region.
"It's a profound change in how we do business in the state of California," Ramos said. Since Oct. 1, he estimated 350 offenders, known as "triple nons," which should have been sent to state prison, will serve time in local custody.
"Triple nons," as they are described by prosecutors, are non-violent, non-sexual, non-serious offenders.
More judicial resources are needed to handle the effects of A.B. 109, Ramos said.
Zellerbach said county jails were not designed to house inmates for 10 years or more, and he anticipated federal lawsuits arising from that.
]]>"Storma Del'Andrae, who is 87 years old, was murdered for a handful of cash, a suitcase and some costume jewelry," said Deputy District Attorney Tristan Svare. "That's what this case is all about."
The prosecution's opening remarks came just prior to witness testimony in San Bernardino Superior Court. Defense lawyers reserved their statements for later in the trial. Each defendant has his own jury.
]]> Mike Garcia Jr. and his friend, Cesar Pulido, were just 16 years old in February 2008, when prosecutors allege they broke into Del'Andrae's mobile home on Highland Avenue at night and hit the woman's head and hands with ball-peen and claw hammers.Prosecutors charged both teens as adults.
Garcia, now 20, knew the victim from church and had performed yard work for her, Svare told jurors. But the two had a falling out after Garcia stole from her, and he didn't work for her anymore.
Still, Garcia knew Del'Andrae kept cash and valuables at her home. The two teens planned to rob her, and they took hammers "to silence her," Svare said.
After riding bikes to Del'Andrae's residence, Garcia checked for an open door. The mobile home was locked, so Pulido, now 19, squeezed through a bathroom window, fell and let Garcia inside.
The noise awakened Del'Andrae, who was still in her nightgown when she confronted the two teens. Garcia and Pulido struck the woman several times with the hammers, Svare said.
Police say the defendants ransacked the mobile home, turning over drawers and sifting through her personal belongings. The teens found a safe but couldn't open it. They also tried to start a car in the driveway, but it didn't start.
Garcia and Pulido grabbed a suitcase, loaded it and left, say prosecutors. They walked to a nearby Chevron station, bought soda and called a cab.
A longtime friend of Del'Andrae found her body the next day. She lived for a couple weeks longer, but then succumbed to her injuries on Feb. 29, 2008.
A March 2008 obituary published in The Sun reads: Born in October 1910, Del'Andrae's first successes were in the entertainment world, followed by modeling in various states. Her eternally fashionable apparel, classic looks and beauty were obvious, it continues.
"Her cupboard held silver service, crystal and china. To dine at Storma's table was an unforgettable event," the obituary states. She could converse in several languages, and her resume listed degrees from University of Mexico and Cornell University.
Garcia and Pulido are represented by Arthur Katz and H. Charles Smith. The defendants face charges of murder, robbery, burglary, elder abuse, assault and receiving stolen property. If convicted, they could face up to life in state prison.
]]>FONTANA - The teachers union has filed a lawsuit against the school district seeking to reinstate laid-off counselors on the basis of seniority.
The legal action, filed in San Bernardino County Superior Court, contends that the Fontana Unified School District's practices violate the California Education Code, a charge the district denies.
Pat Mazzulli, president of the Fontana Teachers Association, said the district created new job categories after it laid off 68 counselors at the end of the 2010-11 school year.
]]> On June 30, the district funded 30 newly created Comprehensive Student Support Provider positions for the current school year.Mazzulli said that the CSSP's job duties "are substantially similar to those of individuals previously working as counselors in the district."
On Aug. 17, the FUSD approved funding for 12 newly created Academic Pathway Adviser positions.
"Their job duties are substantially similar to those of individuals previously working as counselors in the district," Mazzulli said.
"Rather than follow procedure in the Education Code, the FUSD made reduction in force counselors reapply and interview for their jobs. FUSD attempted to hire outside the district as well," Mazzulli said.
The school board pulled from its meeting agenda Wednesday night items to hire people for CSSP positions that were from outside the district and one substitute for CSSP/APA positions, as needed, who was also from outside the district.
Under the Education Code, still unemployed district counselors should be offered substitute slots on a priority basis, Mazzulli said.
William Wu, the district's assistant superintendent of human resources, said that "the district reviewed the comprehensive counseling program, tailored it to the needs of the district and then created new district positions, to provide better and different student services."
"They are not the same as the comprehensive counseling program," he said.
"The district is not in the business of violating peoples' rights. We are in the business of serving children, but we are not in the business of violating peoples' rights in the process," Wu said.
A trial date has not been set, Mazzulli said.
]]>A trial is set to begin November 29 for Lucita Uy, 70, and her 42-year-old son, Lemuel Libunao, both of Claremont, in U.S. District Court in Los Angeles, according to a statement Friday from the U.S. Attorney's Office in Los Angeles.
Two defendants from Texas appeared Friday in U.S. District Court in Houston.
]]> Court documents allege the scheme generated nearly $10 million and that the defendants lived a generous lifestyle with ownership of several properties, vehicles and luxury watches, including a Rolex trimmed with diamonds, say federal prosecutors."Purple drank" is a street name for promethazine, a cough syrup that a central nervous system depressant which federal authorities say can cause death when combined with alcohol.
The drug is also known as "purple liquid" or "lean," the latter name coming from the abuser's difficulty to stand up straight.
Court documents allege Uy acquired three pharmacies - in Santa Ana, Long Beach and Buena Park - so she could obtain promethazine from wholesale distributors. From September 2004 to July 2008, Uy allegedly spent more than $1.1 million to purchase nearly 100,000 pints of promethazine.
After buying the narcotic, Uy allegedly shipped it to Texas. A one-pint bottle of promethazine can cost $9 at the wholesale level but sell for as much as $600 on the streets of Houston, authorities said.
The indictment alleges the two Texas defendants in the case, Christopher Lamont Crawford, 38, and Kendra Patrice Manigault, 44, both of Houston, received the cough syrup from Uy, distributed it and then gave the Claremont woman the proceeds from the sales.
Uy, with Libunao and Crawford, deposited more than $6.9 million in cash and more than $2.7 million in money orders into bank accounts, federal prosecutors say.
IRS agents are also seeking to forfeit property allegedly obtained with the illegal proceeds. The property to be forfeited includes $64,500 in cash, seven properties located in Monrovia, Claremont and Houston, a 2007 Mercedes Benz S550, a 2007 Honda CRV, a 2007 Toyota Tundra, and 11 luxury watches.
"The allegations against Uy and her co-conspirators indicate they intended to enrich themselves by engaging in conduct that put the lives of others at risk," said Leslie P. DeMarco, special agent in charge at IRS-Criminal Investigation.
"One of the government's most powerful weapons is the ability to seize through asset forfeiture the property obtained through this illegal distribution scheme, including real estate, cash, vehicles and jewelry," DeMarco continued. "By taking away their assets and profits, we deprive them of the proceeds of their criminal activity."
If convicted of the charges, Uy and Libunao could face a maximum sentence of 25 years in federal prison, while Crawford and Manigault could each face up to 20 years in prison.
]]>A jury recently found Carlos Dubose and Davion Whitmore guilty of murder charges in the 2009 death of counselor George Onyango at Aiming High Treatment Center on Fifth Place in Yucaipa. They were charged as adults.
Friday in San Bernardino Superior Court, Judge Duke Rouse sentenced Dubose, who was 17 at the time of the attack, to life in state prison with the possibility of parole plus another life sentence, said Deputy District Attorney Beth Houser.
]]> Whitmore, who was 15 when he helped attack Onyango, was sentenced to 25 years to life in state prison plus another life sentence, Houser said."Justice was definitely served for two of the most cold, vicious, soul-less individuals," Houser said, after the proceedings. The defendants showed no remorse, she said.
The young men brutally beat 43-year-old Onyango with a closet dowel and left him hogtied and unconscious in a bedroom closet about 11:44 p.m. on Aug. 22, 2009, according to Sheriff's deputies. The defendants then took clothing, snacks and cash, and they fled in Onyango's silver Honda.
Dubose of Oakland, and Whitmore of Long Beach, were found guilty of charges of murder, carjacking, kidnapping and robbery. Dubose was also charged with special circumstances, but Whitmore was not 16 yet and could not face the additional charge.
Both young men were on probation at the time of the attack.
Onyango's two teenaged sons, his large family in Kenya and friends still struggle with his death. He taught English in high school in Kenya, moved his family to the United States several years ago, served as a secretary to his church constitutional committee and was three months away from completing law school, according to a victim impact statement and prosecutors.
"George's sons, as they grow up and go to college, marry and have children - their children will never know their grandfather," according to the statement signed by Abraham, David and The Masinde Family.
Deputy Public Defender Richard La Fianza, who represented Dubose, declined to comment except to say that he will file a notice of appeal.
]]>Judge Michael A. Smith ordered the search warrants released Friday after defense attorneys did not appear in court to object to their release or request redactions be made to the documents.
Six of the 11 warrants, which span from Dec. 2, 2008, to Oct. 22, 2010, were released. The remaining five are expected to be released early next week.
The documents provide a glimpse into the private life of former county assessor and former Board of Supervisors Chairman Bill Postmus.
]]> A laptop computer, mobile phone and Blackberry seized from Postmus during searches by district attorney investigators turned up explicit communications between Postmus and men he met online, where Postmus solicited drugs and sex, according to the search warrants. On one occasion, Postmus, on the gay dating website Adam4Adam, allegedly offered a man $500 to spend the night with him.Prosecutors have alleged that Rancho Cucamonga developer Jeff Burum was on the verge of using lurid details about Postmus' private life against him in order to win a favorable settlement.
Investigators also turned up information showing that former Assistant Assessor Jim Erwin allegedly used at least three political action committees to pay for legal expenses to Temecula-based attorney Alan Mohill.
One of the political action committees Erwin allegedly used to pay his legal expenses included the Committee for Effective Government, which prosecutors allege was used to funnel a $100,000 bribe to Erwin from Burum.
Erwin, Burum, former county Supervisor Paul Biane and Mark Kirk, former chief of staff for Supervisor Gary Ovitt, have been charged with conspiracy and conflict of interest, among other charges, in connection with the county's Nov. 28, 2006, legal settlement with Rancho Cucamonga-based investor group Colonies Partners, LP, of which Burum is a co-managing partner.
State and local prosecutors allege the settlement was tainted by bribery and conspiracy. The FBI has since launched a separate investigation into the settlement.
In August, a Superior Court judge dismissed five of seven charges against Burum, including all bribery counts.
In March, Postmus struck a plea bargain with prosecutors and pleaded guilty to accepting a $100,000 bribe from Burum, in the form of two $50,000 contributions to political action committees he secretly controlled, in exchange for reduced charges.
The documents allege that from 2005 to 2008 Erwin paid for legal services from Molhill through political action committees, the San Bernardino County Safety Employee Benefit Association (SEBA) Police Officers Relief Fund, Marcela O'Reilly and through his own bank accounts.
Marcela O'Reilly is the wife of Inland Empire public relations executive Patrick O'Reilly, an alleged co-conspirator in the Colonies case whom Burum referred to as his best friend during his testimony before the Grand Jury in March 2009.
Among the emails seized by investigators is one from Erwin to Mohill on May 2, 2007, where Erwin includes a postscript stating, "P.S. There is one final check en route to you from Neil Derry for $3,500. More will be forthcoming should it be necessary."
At the time, Erwin was heading Derry's campaign for county supervisor. Derry raised roughly $700,000 in his campaign and defeated incumbent Dennis Hansberger.
Erwin said Friday he had been soliciting help for his legal defense fund against the county Public Attorney's Association (SBCPAA) in May 2007, but ultimately never asked Derry for the $3,500, or any other financial assistance.
Derry's chief of staff, George Watson, said Derry never cut a check to Mohill.
In another e-mail with "SBCPAA" in the subject line, Erwin directs Mohill to prepare an invoice in the amount of $17,000 to the Neighborhood Preservation Coalition political action committee. Erwin directed Mohill not to reference his name on the invoice.
In one warrant, investigators noted that Erwin failed to declare on his statements of economic interest any payments made on his behalf to Mohill's offices by SEBA, the PACs, or O'Reilly as gifts, income or in any other form.
Mohill did not return a phone call for comment.
]]>Judge Michael A. Smith granted a defense request on Oct. 24 to tentatively unseal the warrants and affidavits at a hearing in San Bernardino Superior Court. The judge allowed the documents to go to the defense lawyers first so they can review them for any objections or redactions.
The judge then scheduled a hearing for today. If no objections or redactions are presented, or the lawyers don't appear in court, Smith said the documents would be unsealed to the public.
]]> The warrants and their accompanying affidavits were served by investigators probing the $102 million lawsuit settlement in November 2006 between Colonies Partners LP and San Bernardino County. The 11 warrants are dated from Dec. 2, 2008, to Oct. 22, 2010, according to prosecutors.On May 9, the San Bernardino County criminal Grand Jury indicted Colonies co-managing partner Jeff Burum, former county Supervisor Paul Biane, former Assistant Assessor Jim Erwin and Mark Kirk, former chief of staff for Supervisor Gary Ovitt, as part of the county's investigation into the landmark settlement.
The four defendants, who deny any wrongdoing, are accused of conspiring to secure the settlement in the developer's favor in exchange for bribes and political favors.
]]>