Missing Documents Found in Montoya’s Office

Testimony in the corruption trial of state Sen. Joseph B. Montoya came to a close Tuesday with the disclosure that crucial documents subpoenaed by prosecutors last year have been found in one of the senator’s Capitol offices.

The documents that Montoya failed to turn over to prosecutors included copies of some of the most damaging evidence that had been introduced in the trial, including a “schedule of fees” that prosecutors contend was used to seek $10,000 from former sports agent Michael Trope.

Federal prosecutors earlier obtained copies of the papers from Trope and other targets of Montoya’s alleged extortion efforts. They suggested that Montoya had kept his copies of the documents hidden in an unsuccessful effort to suppress incriminating evidence at his trial on 10 counts of extortion, racketeering and money-laundering.

Several Montoya aides testified that they found copies of the senator’s correspondence Monday night after prosecutors questioned whether the senator had complied with the subpoena issued in March.

The aides said they had searched diligently for the documents when they were originally subpoenaed. And defense attorney Michael Sands told the court, “This material was totally unknown to us until this time.”

Coming to the defense of Montoya, Assembly Republican Leader Ross Johnson of La Habra testified that the Whittier Democrat was a leading proponent of Proposition 73, a campaign finance measure approved by voters in 1988.

With Johnson’s help, the defense has sought to cast Montoya as a “reformer” who alienated his fellow senators by promoting the ballot measure, which was designed to limit the size of campaign contributions, honorariums and gifts that elected officials can receive.

“The primary goal was to reduce the obscene amount of money spent in campaigns in California,” Johnson told the jury.

But following Johnson’s testimony, the prosecution countered by calling Kathryn Donovan, legal counsel for the Fair Political Practices Commission. She testified that the measure’s $1,000 limit on gifts and honorariums is written in such a way that the restriction applies only in cases in which an official has given a speech on the governmental process.

Donovan also told the jury that special interest groups can circumvent the law’s campaign contribution limit by funneling donations through individuals rather than a central political action committee.

In an attempt to shore up the case against Montoya, federal prosecutors also called state Sen. Rose Ann Vuich (D-Dinuba) to testify that Montoya aided in the passage of a bill sponsored by federal undercover agents as part of a sting operation.

During a discussion of the bill before the Senate Banking and Commerce Committee that she chairs, Vuich testified, Montoya interrupted her while she was asking a question and moved for passage of the bill. “Montoya wanted to move the bill while I was still speaking on it,” Vuich told the jury.

Her statement is a direct contradiction to the testimony of Montoya, who told the jury that he never pushed the bill. Montoya, who received a $3,000 payment from an undercover agent, has maintained that he did nothing to help win approval of the measure.

The case is expected to go to the jury Friday afternoon, after closing arguments by attorneys on both sides.