Lobbyist Testifies $500 Was Given to Influence Montoya

A lobbyist who gave the nickname “El Bandito” to Sen. Joseph B. Montoya testified Thursday that he did not recall the senator ever asking for a payment in exchange for his vote.

However, Robert Cline, a former Republican assemblyman from Los Angeles, told a federal court jury that “money talked” in the state Capitol and that his clients gave Montoya a $500 campaign contribution in an effort to influence the Whittier Democrat’s vote on a crucial bill.

Montoya is on trial on 12 counts of extortion, racketeering, bribery and money-laundering. One of the counts alleges that the senator solicited a $500 contribution from Cline’s client, the California Independent Producers Assn., which was seeking passage of legislation giving it a competitive advantage.

In an illuminating discussion of how the political system sometimes works, Cline said he recommended that the oil producers’ association make contributions to five members of a Senate committee, including Montoya, in order to secure passage of the bill.

Cline said he told his clients that “legislators tend to vote for their friends. One way of showing friendship is to be a contributor.”

After the oil producers agreed to make contributions to the senators, Cline said he told Montoya a donation was coming. “I felt it better to have a pro-active contribution and not put myself in the position of being solicited for one,” Cline told the jury.

Called as a witness in Montoya’s defense, Cline testified that there was no “quid pro quo.” And, in testimony that could be helpful to the senator, the lobbyist testified he did not recall an alleged conversation in which Montoya asked about the money.

Earlier in the trial, prosecution witness Thomas Hunt, executive vice president of the association, said Montoya approached Cline after the hearing and asked, “Has my matter been taken care of?” Hunt said Cline responded, “Yes, Senator, I think so,” and then, as the senator walked away, repeated the nickname, “El Bandito.”

But on Thursday, Cline told the jury that he did not recall such a conversation and remembered only that Montoya was in a rush to leave.

He acknowledged calling the senator “El Bandito” on an earlier occasion when the lobbyist met with Hunt and other members of the association to discuss making a contribution to the senator. He said the nickname was based on Montoya’s reputation in the Capitol and that he regretted using it, adding that his irreverence was “misplaced.”

Two other defense witnesses, Sen. Robert Presley (D-Riverside) and Assemblywoman Sonny Mojonnier (R-Encinitas) testified that they received honorariums of $10,000 each in 1987 as awards from the California Correctional Peace Officers Assn. The group represents the state’s prison guards, who have long lobbied for building new prisons.

Defense attorney Michael Sands was attempting to show that the two legislators did little to earn the money. Both said they delivered brief speeches at the association’s annual convention in Reno and that the checks were an award from the group for their past support.

However, on cross-examination, Presley and Mojonnier said they never did anything to solicit the money and never offered to exchange their vote for money.

Mojonnier said the Fair Political Practices Commission examined her award payment and concluded “that there was nothing unlawful.”

On Thursday morning, it was business as usual for Montoya for about 90 minutes as he chaired a meeting of his Senate Business and Professions Committee in the Capitol, four blocks from the courthouse where he is on trial.

Appearing somewhat subdued, Montoya attempted to work out compromises on such matters as a bill that would require grocery stores to provide customers with their choice of plastic or paper bags.

At one point Les Howe, a lobbyist for retail stores, pointed out that the bill would include no penalty for stores that failed to provide one bag or the other.

“You want to put a felony (penalty) in there?” Montoya asked facetiously.

The bill by Sen. Bill Greene (D-Los Angeles) was rejected by the committee on a 4-4 vote. Montoya voted for the measure telling his colleagues, “I just cast a vote for it to try to help him out.”

After the hearing, Montoya was asked whether being on trial 3 1/2 days each week was making it difficult for him to perform his Senate duties. “Well, I would say that I have no comment,” the senator said. “I think you can draw you own conclusions, as (defense attorney) Michael Sands would say.”