County Corruption Defendants' Bail Reduced, Made To Do Perp Walk

As a crowd of more than 50 people looked on, four men more accustomed to suits and ties came shuffling into a San Bernardino County Superior Courtroom in green prison jumpsuits.

James Erwin, former chief of staff to third District San Bernardino County Supervisor Neil Derry, led the way for what is commonly referred to as a “perp walk.” Behind him was Mark Kirk, former chief of staff to Supervisor Gary Ovitt and current director of government relations in the county administrative office, Jeffrey Burum, a general partner of Colonies Partners, L.P., and former San Bernardino County Second District Supervisor Paul Biane.

All four wore wrist and leg shackles into Thursday’s arraignment hearing. San Bernardino County Sheriff’s Deputies ushered the men from the hallway into the room to muffled gasps.

“Is that how they do it here?” a woman in the audience asked softly.

The hearing was spent trying to get the four defendants out of jail and out of those jumpsuits. An arraignment was postponed until June 10. Attorneys for accused successfully lobbied to have bail reduced for the foursome.

Bail had been set at $2 million for all but Burum, who was hit with $10 million. Biane and Erwin’s bail was lowered to $250,000, Kirk’s bail to $100,000 and Burum’s bail to $500,000.

Superior Judge Brian S. McCarville granted the request over the objections of State Deputy Attorney General Melissa Mandel, who argued that each was a flight risk and a danger to society because of the nature of their crimes.

Not so, said defense attorneys, who pointed out all had close ties to their communities.

“He has poisoned the political institution that was designed to protect citizens,” Mandel said of Kirk. She added that Kirk violated the trust of the very community he claims to have ties to.

Of Burum, a wealthy developer, Mandel said, “He feels very much at home across the country and across the globe. He has a private plane which he uses regularly. He’s very much at home in other places.”

Biane’s risk of fleeing was without question in the mind of prosecutors, who reminded the judge that the former supervisor was out of town when he should have been turning himself in to authorities. San Bernardino County District Attorney investigators arrested him as he stepped off a flight at Los Angeles/Ontario International Airport on Tuesday night, some 10 hours after he was expected to surrender.

“At best, he was hours late,” David Goldstein, Biane’s attorney told he judge. “Now I’m not trying to minimize that but he was trying to get back from another city. He was in a remote location. He’s not a fugitive. He was fleeing back here to be arrested.”

As of late Thursday, the men were out on bail but soon will be fitted with electronic monitoring devices per Judge McCarville’s orders, according to jail records.

The men were arrested Tuesday in connection with a $102 million bribery scheme involving Colonies Partners, L.P., and flood control improvements on 434 acres of land in Upland on which the Colonies Crossroads shopping center sits now.

All four were indicted Tuesday by the San Bernardino County Grand Jury on 29 counts of conspiracy to commit bribery, misappropriation of public funds, improper influence and conflict of interest, according to a news release issued by the California Attorney General’s office.

According to the indictment, Erwin accepted money in exchange for influencing then county supervisor William “Bill” Postmus and Biane’s vote. Kirk also took payment to influence a vote of an unidentified official, the indictment said.

Postmus and Biane agreed to accept a bribe to approve a Colonies settlement. The bribes were reportedly $100,000 each. After Colonies received the $102 million settlement, Burum distributed the bribes/payments to Postmus, Biane, Kirk and Erwin, according to the indictment.

The defendants used political action committees to conceal the bribes, officials said.

In March, Postmus pleaded guilty to 14 felony counts, including conspiracy to accept a bribe and conflict of interest. He has agreed to cooperate in the continuing investigation.