Sen. Montoya Jurors Urged to ‘Send a Message’

In a stinging attack on state Sen. Joseph B. Montoya, a federal prosecutor charged Friday that the veteran legislator used his elected post “like a club” to extract money from his victims and enrich himself.

Assistant U.S. Atty. John Panneton, delivering his closing argument in Montoya’s political corruption trial, said the Whittier Democrat “betrayed his public trust” by committing acts of extortion and bribery.

“He asked for money in the form of bribes, conveying the impression to people that money would make a difference,” Panneton told the jury. “Now it’s up to you to send a message that this conduct will not be tolerated.”

Montoya is charged with eight counts of extortion, one count of racketeering and one count of money-laundering. The comprehensive racketeering count alleges a pattern of corrupt behavior based on the same eight incidents involved in the extortion counts.

In his closing statement, Panneton charged that Montoya had demonstrated an “inability to tell the truth” during four days of testimony. And he contended that the senator was hypocritical in posing as an advocate of reform in the Legislature while soliciting payments from individuals seeking legislative action.

“Our state Senate is not designed to be an auction house where the highest bidder wins,” the prosecutor said. “Public officials may not intentionally instill in the minds of people who are dealing with them on legislative matters that money talks, because if they do, they are guilty of bribery.”

The case against Montoya, which began in early December, is scheduled to go to the jury next week after defense attorney Michael Sands delivers his closing argument.

Montoya has categorically denied extorting money or soliciting bribes, although he did acknowledge diverting more than $45,000 in campaign funds to his personal use.

In his three-hour statement to the jury, Panneton detailed each of the eight incidents in which the senator allegedly solicited money from a wide range of victims.

Actor Ed Asner, officials of the National Football League Players Assn., former sports agent Michael Trope, a Florida insurance executive, an official of the California Independent Petroleum Assn., former aides to the senator and an undercover FBI agent all testified during the trial that Montoya had sought payments in exchange for his vote.

“Sen. Montoya didn’t use a club in this case; he used his office like a club,” the prosecutor said. “Montoya used his office to exact political tribute.”

In all, the prosecution alleges that Montoya sought payments of more than $36,350 from people seeking his support in the eight alleged incidents and received a total of at least $11,950.

Perhaps the most damaging evidence against Montoya was a videotape of the senator taking a $3,000 check from an undercover FBI agent at a breakfast meeting near the Capitol.

Montoya testified that the payment was a legal honorarium and that he did nothing to help legislation pushed by John Shahabian, a Senate aide turned federal informant, and the FBI agent, who was posing as a generous Georgia businessman.

But Panneton told the jury: “John Shahabian and the agent couldn’t have made it more clear that they were paying him for his assistance on the bill. He was in it for one thing and one thing only: to feather his own nest.”

Montoya’s contention that he did nothing to help win passage of the bill was contradicted by Sen. Rose Ann Vuich (D-Dinuba), Panneton reminded the jury. Vuich, chairwoman of the Senate Banking and Commerce Committee, testified that Montoya interrupted her during a committee hearing and attempted to move the bill.

“This was just another example of this defendant’s inability to tell the truth,” Panneton said.

The prosecutor also played heavily on a “schedule of fees” that Montoya’s office sent to Trope seeking $10,000 in campaign contributions and honorariums.

Montoya denied ever seeing the fee schedule. However, he acknowledged signing a letter to Trope that accompanied the document. And the jury learned that two copies of the schedule were found earlier this week in the senator’s office.

“I suggest to you, ladies and gentlemen, that a schedule of fees has no place in the legislative process,” Panneton told the jury. “It’s corrupt by it’s very nature.”

Under the law, Panneton told the jury, it makes no difference if Montoya actually received payment to vote for a bill--or whether he even voted for the legislation. At issue, he said, is whether Montoya solicited payment. In illustrating his point, the prosecutor made it clear that Montoya’s own testimony has strengthened the case against fellow state Sen. Alan Robbins (D-Tarzana), who is under investigation by the FBI on similar corruption charges.

Montoya testified that when he was pushing a bill to help osteopathic physicians, Robbins solicited a payment in exchange for his vote. Montoya told the jury he believed Robbins’ action was improper. Robbins received no money from the osteopaths but eventually voted for the legislation.

“If that happened, it was a crime, even though Robbins later voted for the bill,” Panneton said. “If he tried to hold up these guys, that’s what counts.”