For as long as I can remember, it has been the Grand Jury who has filed charges against the San Bernardino County political establishment- NOT THE DA. The Grand Jury filed on the CCA Charter School audit,the Postmus charges, the Aleman charges. The DA from Riverside filed against Leggio while breaking the law in San Bernardino County. If it involves the group that has given Ramos campaign money, Ramos will not prosecute or investigate. There are some statements by Supervisor Paul Biane in this article that admit use of County property and resources for his personal use and benefit. I will underline them and add my comments after.

Erwin plans to allege selective prosecution, misconduct

Posted: 05/02/2009 07:05:09 AM PDT Sun

A former top county official facing criminal charges for failing to properly report gifts from a developer is accusing the District Attorney's Office of selective prosecution and prosecutorial misconduct.

Jim Erwin, former chief of staff to Supervisor Neil Derry, is pushing to have the San Bernardino County District Attorney's Office recused from his case, which he says should be handled by the state Attorney General.

Erwin alleges county prosecutors are targeting him because his former boss, Derry, pushed to cut the pay of county prosecutors along with non-sworn county employees. Derry also pushed to eliminate annual benefits to county judges to help shore up the county's budget deficit.

"In this county, this D.A. has had substantially more serious cases than mine . . . that could've been investigated and weren't, or were investigated and the decision was made not to do anything," said Erwin, 46, of Highland. "I don't feel that the D.A. in this county, based on their conduct, is fair and impartial on my case."

District Attorney Michael Ramos declined to comment for this story.

District Attorney's spokeswoman Susan Mickey responded with a prepared statement.

"We have been advised of a series of allegations being made by Jim Erwin, a defendant we are currently prosecuting for perjury. Some of these allegations are unknown to us others are either inaccurate or untrue," Mickey wrote. "Our ethical obligations as prosecuting

attorneys prevent us from discussing these matters in detail in the media. We are prepared to respond to any such allegations in the appropriate forum - the courtroom. In the meantime, our extensive and ongoing investigation is continuing."

In a 26-page report on his activities related to various county scandals over the past few years, Erwin makes numerous allegations:

* He received information in spring 2005 from former state Assemblyman Brett Granlund that Granlund acted as a "straw buyer" for Jim Foster, then chief of staff for then Supervisor Dennis Hansberger, for a parcel of county-owned land in Redlands. Documents showed Foster acquired the land through Granlund.

Erwin says the District Attorney launched an investigation, but no charges were filed after Foster resigned his position as Hansberger's chief of staff.

* In the fall of 2006, Erwin was informed that Granlund gave then Supervisor Hansberger a gift of 100 Cuban cigars, which are illegal, and a humidor valued at about $3,300 total. Erwin says he reported this to Ramos in the winter of 2007, and Ramos didn't show any interest.

Granlund couldn't be reached for comment Friday.

* In the summer of 2007, Erwin says he sent anonymous faxes labeled "whistleblower" to the District Attorney's Public Integrity Unit, the county Auditor-Controller Recorder's Office, the Board of Supervisors and the Sheriff's Department alleging Supervisor Paul Biane had a satellite telephone booster device installed by a county employee at his vacation home in Mexico at county expense, without board approval.

Erwin also alleged Biane used a county credit card to purchase digital cameras for everyone on his staff as Christmas gifts, and used a county vehicle to travel to Kern County on personal business.

Biane on Friday countered those allegations. He said it was untrue that a county employee traveled to Mexico to fit his vacation house with a satellite repeater, and that he himself tried to install it but was unsuccessful. He said he wound up returning it to the county.

He tried to install it himself on his house in Mexico and wound up returning it to the County? Taxpayer bought County equipment that Biane tried to install at his vacation house in MEXICO?

He also denied buying digital cameras for all his staff. He did say he purchased two digital cameras for work, one to keep at his Rancho Cucamonga office and one for his San Bernardino office.

Lastly, he said he is allowed to use his county vehicle for personal use as long as the privilege isn't abused.

"It's perfectly legal," said Biane. "Whether I take my kids to school on the way to work or do shopping or visit brother in Kern County."

Biane states that he is allowed to use his taxpayer funded County Vehicle for his personal use as long as the privilege isn't abused? Any use of County property for personal business is illegal and unethical. Including taking your kids to school and visiting your brother in Kern County in your County vehicle. Ramos needs to charge Biane and seek restitution for all of the expenses that Biane has used County resources for instead of his own.

Furthermore, Biane received a letter from Ramos on June 19, 2008, informing him that the allegations were investigated, but no tangible evidence was produced to corroborate them.

"The investigation produced no credible information that would support the allegations," Ramos said in the letter.

Biane said that speaks volumes.

"It just points out that the accusations (Erwin) makes, they're not credible," Biane said. "He has used the press to forward his agenda, when in fact the data he's putting forward to you guys isn't true."

Erwin said he is preparing to submit his case to the Attorney General's Office.

"There are other issues surrounding conduct of the D.A. that will play in my case that I'm not priviliged to discuss at this time because of my pending arraignment," Erwin said.

Erwin failed to report an approximately $13,000 Rolex Daytona watch and a trip to New York City he took in January 2007 with developer Jeff Burum of Colonies Partners. The watch and trip were payment for Erwin's help in shepherding a $102 million settlement between the county and Colonies Partners in November 2006 over a flood control project at one of Burum's Upland developments.

Erwin has been charged with 10 felonies including perjury and filing false or forged documents for his alleged trangressions.

On March 3, attorney John Hueston, commissioned by the county in January to investigate the Assessor's Office, appeared before the Board of Supervisors in closed session to present a preliminary report of his findings, according to Erwin's timeline.

Hueston was hired to build a case against former Assessor Bill Postmus so the county could remove him from office after allegations surfaced of drug abuse and malfeasance in his office. Postmus resigned about two weeks later.

Hueston told the board he had gathered evidence to show political activity was occurring in the Assessor's Office, government funds were being misused and massive time card fraud was occurring. He told the board the county would have to file civil actions against approximately seven members of the Assessor's staff in order to recover restitution for work not performed due to time card fraud, which amounted to about $1 million, Erwin said.

Derry expressed his outrage at Ramos for failing to act on preventing the timecard fraud and "dragging his feet for 17 months," when it was allegedly first reported to him and the grand jury by Erwin, said Erwin