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District Attorney’s office will not seek retrial in corruption case of Jim Erwin

San Bernardino District Attorney announced Friday that he will not seek retrial in the corruption case of Jim Erwin, a former San Bernardino official. This comes following last week’s mistrial in which the jury was “hopelessly deadlocked.”

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The case was dismissed in the interest of justice under Penal Code Section 1385.

Following the dismissal, District Attorney Mike Ramos issued the following statement:

“Since the conclusion of jury deliberations, we have carefully evaluated our current position and have identified witness problems that cannot be resolved. As a result, we are unable to proceed. One such issue is the trial testimony of Bill Postmus, who is a necessary witness in the case against Jim Erwin. Bill Postmus’ unexpected testimony on cross-examination at the last trial conflicted with his grand jury testimony, his statement to the FBI, and multiple interviews with the District Attorney’s Office.”

Ramos added, any retrial would have required further judicial resources and litigation as to the credibility of Bill Postmus and other witnesses.

Bill Postmus, in a plea agreement with the District Attorney’s office, pleaded guilty in 2011 to 15 felony counts involving conspiracy to accept a bribe, receiving bribes, perjury, misappropriation of public funds, possession of a controlled substance, and conflict of interest. He is scheduled to return to court Oct. 27 for sentencing.

Adam Aleman, in a plea agreement with the District Attorney’s office, pleaded guilty in 2009 to Theft, Destruction, Alteration or Falsification of a Public Document, Presenting a False Claim, and Vandalism. He is scheduled to return to court December 1 for sentencing.

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