9/6/2017 Colonies trial judge rejects mistrial; juror misconduct alleged – Press Enterprise NEWS Colonies trial judge rejects mistrial; juror misconduct alleged Former Assistant Assessor Jim Erwin, center, attends the Aug. 28 verdict at San Bernardino Superior Court in San Bernardino, Calif. for defendants Jeff Burum, former Supervisor Paul Biane and Mark Kirk. all of who were found not guilty. Photo by Rachel Luna, The Sun/SCNG) By JOE NELSON and RICHARD DEATLEY | Press-Enterprise PUBLISHED: September 5, 2017 at 4:54 pm | UPDATED: September 5, 2017 at 9:41 pm The judge in the San Bernardino County-Colonies corruption case sent jurors weighing the fate of remaining defendant Jim Erwin back to deliberations Tuesday, rejecting a defense motion to dismiss two of the panelists or declare a mistrial for the duo’s alleged misconduct and racial proling of fellow jurors. The motion by Erwin’s attorney, Rajan Maline, claimed the prosecution had sought a broader inquiry of panelists who appeared to be leaning toward voting not guilty for Erwin, a former county assistant assessor and sheriff’s labor union president, rather than focusing on the two jurors that Maline claimed committed the alleged misconduct. The two jurors whose dismissals were sought by Maline are only named by their panel numbers, 1 and 7. Juror Number 1 was further identied as the panel’s foreperson. Among Maline’s claims were that the two jurors had spoken by phone aer deliberation hours, and referred to panelists who disagreed with them as “the crew.” http://www.pe.com/2017/09/05/colonies-trial-judge-rejects-mistrial-juror-misconduct-alleged/?utm_source=dlvr.it&utm_medium=twitter 1/4 9/6/2017 Colonies trial judge rejects mistrial; juror misconduct alleged – Press Enterprise Maline noted that those jurors were either African-American or Hispanic, while jurors 1 and 7 are white. He also said prosecutors were using the complaints of the two jurors to target minority jurors for removal. “It is no surprise that the prosecution strategically seeks to have the court ‘investigate,’ then no doubt exclude, these minority jurors from further deliberation,” Maline wrote. The defense attorney said prosecutors had launched an attack “on an apparently large jury faction” that has concluded they have not made their case, and was trying to use what he called a deadlock as an excuse to make a full inquiry into the panel’s deliberations. Maline stated in his motion that the two jurors “colluded in breaching the sanctity of the deliberations and hopelessly poisoned the proceedings.” He said prosecutors “had it backward” in requesting an “all-encompassing and intrusive investigation into the jurors who did their job but happen to disagree with the prosecution.” “Rather than embark on an investigative jeremiad against the jurors who have concluded that Mr. Erwin is innocent, what should happen is that the jurors that have revealed the jury’s deliberative process . should be removed and the panel instructed to begin deliberations anew,” Maline said in his motion. Prosecutors sent an email to Judge Smith and defense attorneys on Aug. 31 citing various case law regarding standards for a judicial hearing into juror conduct. It also looked at the law regarding discharging a juror for refusing to deliberate or pre-judging an issue, as well as for concealing material and willful misconduct. District attorney spokesman Christopher Lee, when asked to comment on Maline’s motion Tuesday, said in an email reply, “It would be inappropriate to comment while the jury is currently deliberating.” The alleged misconduct of the two jurors included revelation in notes to Judge Michael A. Smith the positions of other jurors in the midst of deliberations — something not even the judge should know. Smith met with the panelists individually in his chambers Tuesday morning and then went on the record in court to admonish them to refrain from texting or going on social media during deliberations, and not to “completely tune out” when disagreements arise in the jury room. “You can’t just turn off and say, ‘I’m not going to participate anymore,’” Smith said. He also reminded them about the procedure for possible verdict deadlocks — they should deliver verdicts on the resolved counts and continue deliberating on the remaining ones. The Erwin jury has been considering his case since Aug. 24. Prosecutors said Erwin took part in a bribery scheme involving two former county ofcials to get approval of a $102 million court settlement in favor of Rancho Cucamonga developer Colonies Partners LP. Jurors for the case’s other three defendants — Colonies co-managing partner Jeff Burum, former county Supervisor Paul Biane, and Mark Kirk, one-time chief of staff for former Supervisor Gary Ovitt — came back Aug. 28 with not guilty verdicts on all charges aer about one day of deliberation. Erwin also is charged with intentionally failing to le his state tax return for 2008, and two counts of perjury — one of those for not reporting a gied $12,765 Rolex watch from Burum and other items from an East Coast trip to celebrate the settlement. In the motion, Maline elaborated about the two jurors sought for dismissal from the panel hearing Erwin’s case. “They have conspired in the misconduct, revealing a nearly identical litany of complaints against the jurors they disagree with, apparently for the purpose of sabotaging the deliberations altogether,” Maline wrote. Maline noted in his motion that this was not the rst time in the course of the 8-month trial that issues arose with the two jurors. In the case of the jury foreman, a veteran court reporter observed him making the statement, “Do we even have to listen to a defense case?” It alarmed the court reporter so much she told her supervisor, prompting the court to conduct an inquiry. The juror denied making such a statement, but a recorded video revealed he did, in fact, make the statement, Maline said. The other juror in question, according to Maline’s motion, accused Burum of making obscene gestures toward witness and former county assistant assessor Adam Aleman. Jurors ended the day with no verdicts. They will resume deliberations Wednesday. Tags: Colonies corruption trial, Inland Empire http://www.pe.com/2017/09/05/colonies-trial-judge-rejects-mistrial-juror-misconduct-alleged/?utm_source=dlvr.it&utm_medium=twitterJoe Nelson 2/4 9/6/2017 Hundreds protest DACA decision in San Bernardino – San Bernardino Sun NEWS Hundreds protest DACA decision in San Bernardino DACA supporters hold a rally to defend the Deferred Action for Childhood Arrivals, DACA, in San Bernardino, Calif. on Tuesday, Sept. 5, 2017. President Trump plans to end the program that protects young immigrant who were brought into the country illegally. (Photo by Rachel Luna, The Sun/SCNG) By DOUG SAUNDERS | [email protected] | San Bernardino Sun PUBLISHED: September 5, 2017 at 8:20 pm | UPDATED: September 5, 2017 at 10:30 pm Hundreds of white, brown and black Americans banded together Tuesday evening in San Bernardino, across from the Department of Homeland Security building on Rialto Avenue, to protest the Trump Administration decision to end the Deferred Action for Childhood Arrivals (DACA) program announced hours earlier by U.S. Attorney General Jeff Sessions. Counter-protesters also gathered in front of the DHS building, waving American ags and holding signs with statements like “Build wall, deport them all.” DACA, the immigration policy founded by the Obama administration in June 2012, shielded from deportation young immigrants who were brought to the United States illegally by their parents. Mexican immigrant Juvenal Estrada, 45, of San Bernardino, said the idea of immigration isn’t that simple. “This is just a symptom of people coming over here and, according to them, breaking the law,” Estrada said. “Most of the people coming from other countries are good, hard-working people.” Immigrant Agnes Gibboney said Sessions’ announcement was an outstanding moment in history. http://www.sbsun.com/2017/09/05/hundreds-protest-daca-decision-in-san-bernardino/?utm_source=dlvr.it&utm_medium=twitter 1/3 9/6/2017 Hundreds protest DACA decision in San Bernardino – San Bernardino Sun “I am overjoyed, I have tears in my eyes because Americans are nally being put rst,” she said. “Our children can’t get classes in college because they’re overcrowding our schools.” Gibboney, who said her son was killed by an illegal immigrant, made the trek herself taking 13 years to become a legal citizen. “The United States isn’t responsible for this,” she said. “If you really respect and honor this country, you should come here legally, apply and do it the right way.” By the end of the night, the situation had calmed and everyone protesting or counter-protesting had le the area — including the inatable Trump Chicken. Tags: immigration, Inland Empire, Top Stories PE, Top Stories RDF, Top Stories Sun SPONSORED CONTENT The Key to Protecting the Best Moments of Travel By Allianz Travel Insurance Discover the best of travel by protecting its most defining moments. What can you become? Explore Allianz. SAUNDERS_DOUGDoug Saunders Doug has covered crime and public safety in the Inland Empire since rst becoming a reporter in 2012. With a long standing military background, Doug naturally heads into volatile situations in order to gather intelligence for those who rely on accurate and up-to-date information. Doug, a former combat Army veteran, attended the Defense Information School. At DINFOS, the United States Military school of journalism at Ft. Meade, MD, Doug learned all aspects of journalism before taking on a role as an Army Public Affairs Specialist for 16 months prior to his employment with the Southern California News Group. Doug is an avid outdoorsman who loves camping on the beach, but he's also a giant "Star Wars" fan.