Montoya Quits Senate, Says He Will Be Cleared

Sen. Joseph B. Montoya, facing prison for his conviction on political corruption charges, resigned Thursday from the state Senate but insisted he ultimately will be cleared of the counts against him.

Returning to the La Puente City Hall where he got his start in politics, a subdued Montoya told a group of nearly 100 supporters it was “with a great deal of sadness” that he was stepping down from the post he has held for more than a decade.

“As you know, I have maintained my innocence throughout the indictment and trial, and I believe in my heart that I will be eventually vindicated on appeal,” the Whittier Democrat said. “I must dedicate all of my energies and time to that ultimate vindication, and in that I ask for your continued support and prayers.”

Montoya, 50, plans to appeal his conviction on seven counts of extortion, racketeering and money-laundering. A week ago today, a federal court jury found Montoya guilty of repeatedly using his position as a senator to extract honorariums and campaign contributions from individuals seeking legislative action.

Thursday, with his wife and four children standing by his side, the veteran legislator displayed little emotion as he told his backers: “My priorities are to not subject my family to any more of the pain of the political and media spotlight created by this case.”

Shortly after Montoya gave his final speech as a senator, an aide delivered his official letter of resignation to leaders of the Senate. Montoya had been given an ultimatum by the Senate Rules Committee to resign by today or face expulsion by a vote of his colleagues.

“I have been requested by the Senate Rules Committee to resign my Senate seat by Friday, Feb. 9, 1990,” Montoya said in the letter. “I am hereby honoring that request.”

Senate President Pro Tem David A. Roberti (D-Los Angeles) thanked Montoya for bowing out and not forcing the Senate to expel a member for the first time since 1905.

“Sen. Montoya is helping us conduct the business of the Senate without the rancor and disruption that a more radical process would have caused,” the Senate leader said in a statement. “Sen. Montoya could have held on to a bitter conclusion. He chose not to. I thank him for that.”

In La Puente, where Montoya served as city councilman and mayor before winning election to the Legislature, several of his longtime backers expressed their disappointment at his resignation.

“He has the support of the San Gabriel Valley still,” said Maria Avila, president of the Mountain View School Board in El Monte. “We still support Joe because he has always been there for us. He’s one of us. It’s not like he became a senator and then forgot about his area. What more can we ask of our senator?”

Added Lendon LeMelle, a retired real estate broker who has known Montoya for 25 years: “I think his peers in the Senate were a little hard on him demanding that he resign before he got a chance to appeal. This is just the first round.”

Montoya’s friends and family gathered in the council chambers at City Hall and cheered the senator when he arrived. The normally combative lawmaker read a two-page statement thanking his supporters and noting some of his legislative accomplishments.

“We have pursued the needs of our constituents, irrespective of their influence, wealth or station in life,” he said. “I am aware of how much more needs to be done, and I know you will help to continue the fight.”

As he concluded his statement, he blew kisses to his supporters and told them, “I love you.”

Montoya faces a maximum of 20 years on each count plus $1.75 million in fines. Despite his conviction, he is now eligible to receive a legislative pension of about $1,700 a month, or $2,100 a month if he waits until his is 60, state officials said.

With Montoya’s resignation, Gov. George Deukmejian has 14 days in which to declare a special election in the 26th Senate District, which includes El Monte, Alhambra, Montebello and Monterey Park.

If Deukmejian calls the election by Wednesday, the primary could be held on April 10, the same day as regularly scheduled municipal elections. A runoff election, if needed, could be consolidated with this year’s June 5 primary.

Assemblyman Charles Calderon (D-Whittier), who has already declared his intention to run for Montoya’s seat in the regular election, said he will be a candidate in the special election.

Paddock reported from Sacramento and Ward from La Puente.