Special Section: San Bernardino Co. Probe

PDF: Read search warrant documents in the investigation into San Bernardino County government.
Editor's note: Certain portions of this document have been redacted by the court. White space indicates where information has been removed.

The San Bernardino County district attorney's office examined real estate deals, campaign finances and a controversial settlement with a developer in their investigation of former Assessor Bill Postmus, court documents show.

The information is included in search warrants that led to Postmus' arrest, documents that were released by a San Bernardino County Superior Court judge Friday in response to a request from The Press-Enterprise.

The documents indicate that investigators were looking into whether Postmus tried to conceal real estate holdings and allegations of a quid pro quo in the $102 million settlement between the county and Colonies Partners in November 2006.

In an e-mailed statement, Postmus denied the allegations in the documents.

"This bogus warrant affidavit is full of lies, lies and more lies that will be proven wrong in the end," he wrote. "This again is no more than a political witch hunt by our DA along with Supervisor (Paul) Biane."

Ten locations, including Postmus' home and office, were searched in January by about 50 investigators when they served the warrants. During the search of the former assessor's apartment, investigators found what they described as methamphetamine.

Much of the information was contained in court documents made public earlier, but the search warrants provide greater detail about the focus of investigators.

Postmus was charged on July 23 with nine felony counts of grand theft, misuse of public funds, perjury and possession of a controlled substance. He pleaded not guilty and will return to court on Sept .22.

The probe has led to the arrest of four other former assessor's officials.

Although investigators were interested in the Colonies settlement and Postmus' real estate holdings, none of the charges brought against him are related to those issues.

He is accused of using a county credit card for non-work related expenses, including gas for a road trip, airfare to a political conference and a wireless card for a computer that was found to have more than 3,000 pornographic images. He has also been charged with possession of drugs and drug paraphernalia.

District attorney's spokeswoman Susan Mickey said she could not comment on whether any charges are forthcoming on any of the other matters or if they still are being investigated.

"We think the document speaks for itself and we're not going to comment," she said.

At the time that Postmus was charged, District Attorney Mike Ramos released a statement that the investigation remains open and that there are other areas of inquiry. He also has said that the Colonies settlement is one of the areas investigators are looking at.

In an affidavit for the search warrants, a confidential informant claims that Colonies made donations to political action committees controlled by figures close to the three supervisors "as payment" for their help in facilitating the settlement deal.

Colonies contributed $100,000 to the San Bernardino County Young Republicans PAC in June 2007, according to campaign finance statements. The committee is controlled by Matt Brown, chief of staff to Supervisor Paul Biane.

The developer also contributed $100,000 to the Alliance For Ethical Government PAC, controlled by Mark Kirk, chief of staff to Board Chairman Gary Ovitt, campaign finance statements show. Another $100,000 was given to two committees controlled by Postmus, the informant said.

Ovitt called the allegation of any deal "absolutely ridiculous."

Biane said he welcomed the investigation of Colonies and said he had nothing to do with the campaign accounts. In an e-mail, Brown said "there was simply no wrongdoing."

Both Biane and Brown said they believe the informant is Adam Aleman, a former assistant assessor who pled guilty last month to four felonies including vandalism, destroying public documents and filing a false claim.

As part of a plea agreement with the district attorney's office, the charges against him may be reduced to misdemeanors in exchange for his testimony.

"The credibility of their confidential informant definitely has to be called into question," Biane said.

In a statement last month, Jeff Burum, co-managing partner of Colonies, said the settlement was "open and fair" and that he welcomed an inquiry.

The search warrants also indicate that investigators believed that Postmus was attempting to hide real estate interests and there was probable cause to arrest him and three others on conspiracy charges.

Investigators found that Postmus failed to disclose the full nature of his interest in Tri-Land, a High Desert land development company, and to report it on his statement of economic interest forms, according to the documents. Postmus also owned six parcels in Adelanto, at least two of which investigators believed he may have received as gifts but failed to disclose.

No charges have been filed so far involving the real estate holdings.

The district attorney's office previously had opposed requests to release the documents, saying it could jeopardize their investigation.

Friday's hearing, the fifth request made by The Press-Enterprise, was the first since Postmus was charged in July and first before Judge Duke Rouse.

Rouse said he would continue to withhold the identity of the confidential informant named in the warrants as well as identifying information such as driver's license and Social Security numbers.

Al Wickers, attorney for The Press-Enterprise, had argued for releasing the identity of the informant but said the newspaper was successful in getting "98 percent of the information" unsealed.

Deputy District Attorney Lewis Cope said prosecutors always accepted that the information would be released at "the appropriate time."

Staff Writer Chris Richard contributed to this report.

Reach Imran Ghori at 951-368-9558 or ighori@PE.com