Politics & Government

Felony Charges Are Unfounded Say Derry and his Attorneys

The supervisor and his attorneys challenge the validity of the state Attorney General's complaint against him.

Embattled San Bernardino County Third District Supervisor Neil Derry is arguing that charges filed against him by the state Attorney General’s office have no basis and should be dismissed.

Counsel for Derry, attorneys Thomas Brown and Mark McGuire, from Brown White and Newhouse, appeared before San Bernardino County Superior Court Judge Michael Dest on Thursday.

The team has filed a demurrer, or challenge, against the complaint.

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“We fully expect to be vindicated,” Brown said during a short recess. He added they are confident the judge will grant the demurrer.

On April 26, the California Attorney General’s office filed a complaint accusing Derry of felony perjury and filing campaign documents that failed to report a $5,000 contribution from Arnold Stubblefield-Highland Town Shops.

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Officials said Derry “knowingly” submitted a campaign report with the omission. Officials also said he failed to report Stubblefield as a contributor, which is a misdemeanor.

The attorneys say their client is being charged for crimes he did not commit. They point to the attorney general’s own complaint as proof.

Derry did ask Stubblefield for a campaign contribution, according to the demurrer. On May 31, 2007, Stubblefield wrote a check on a business account of Highland Town Shops for $5,000 payable to the Inland Empire Political Action Committee, at the time controlled by William “Bill” Postmus, former San Bernardino County Assessor and county supervisor. Stubblefield intended the contribution to go Derry’s campaign fund, according to court documents.

The developer told Derry he did not want to show up on campaign records for “political reasons,” according to the complaint. Stubblefield asked if there was a political action committee that supported Derry that he could donate to, according to documents. Derry mentioned that the IEPAC was “probably” going to support his campaign, the complaint said.

Attorney’s point to the word, “probably.”

“The use of the word 'probably' is critical here,” the demurrer reads. “There is no allegation of an agreement, promise or assurance that such contributions to the PAC would, in fact, be provided, dollar for dollar, to Mr. Derry’s campaign.”

The PAC, not Stubblefield, contributed $10,000 to Derry’s campaign, which the supervisor reported, according to the demurrer.

Since Derry is not required to report contributions made to the PAC, he did not commit perjury.

Attorney General officials say, “Derry admitted his campaign later received contributions from the Inland Empire PAC. Derry admitted that it was 'understood' that the Stubblefield funds were to support his campaign.”

The Attorney General’s office said it would take them only a few days to review the demurrer.  They had no response during the court hearing.

Derry had no comment on Thursday. But during a May Redlands Tea Party Patriot general meeting, the supervisor told an audience of more than 100 members the charges were a result of his challenge of the old political guard in San Bernardino County during his campaign.

“Needless to say, I made a lot of people angry and you’re seeing that today,” Derry said. 


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