SAN BERNARDINO, Calif. – Following last week’s mistrial in the case of Jim Erwin, in which the jury was “hopelessly deadlocked,” prosecutors assigned to the case returned to court today and dismissed the case 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 Dec. 1 for sentencing.