Montoya Gets 6 1/2 Years in Prison : Ex-Lawmaker Put His Office ‘Up for Sale,’ Judge Says

Sending a strong message to the state Capitol that political corruption will not be tolerated, a federal district judge today sentenced former Sen. Joseph B. Montoya to 6 1/2 years in prison.

U.S. District Judge Milton L. Schwartz, who presided over the trial that found Montoya guilty of racketeering, extortion and money laundering, also ordered the former legislator to pay $40,000 in fines and restitution.

Schwartz said the evidence in Montoya’s trial clearly showed that the Whittier Democrat put his office up “for sale” over a period of at least seven years. “This is the most serious kind of white-collar crime because it attacks every person and because it attacks the ability to have representative government,” the judge said.

In imposing the sentence, Schwartz said he added time to Montoya’s term because he found that the ex-senator had attempted to obstruct justice by lying on the witness stand and withholding key documents that had been subpoenaed by prosecutors.

“I believe in the system,” Montoya told the judge moments before the sentence was pronounced. “The system has found me guilty. I will live with the consequences and so will my family.”

As Schwartz imposed the prison sentence, Montoya’s wife, Pilar, broke into tears.

On his way into the courthouse, an angry Montoya shoved a camera into the face of United Press International photographer Dan Groschong, cutting him just above the eye.

Groschong said he was standing with more than a dozen photographers and television cameramen when the Montoyas approached.

Pilar Montoya grabbed a wire attached to one of Groschong’s cameras. When Groschong began to take a picture with another camera, the former senator hit the camera with his hand, shoving it into the photographer’s face.

“I think they’re just real upset,” Groschong said afterward. “I would be.”

Montoya’s family and friends were trying to hustle him up the escalator to get away from photographers when the incident happened.

Defense attorney Michael Sands, who had urged a much more lenient sentence, said Montoya was “totally devastated.” U.S. Atty. David Levi, who helped prosecute Montoya, had asked for a sentence of up to 10 years in prison but said he was pleased with the judge’s decision. He predicted that the former senator, who resigned his office after his conviction in February, will end up serving about five years in prison.

“This is an appropriate and powerful sentence,” said Levi, whose office is continuing its investigation of corruption in the Capitol. “If any sentence can deter (corruption), this sentence should.”

Schwartz ordered Montoya to report to federal authorities June 29. The judge said he will recommend that he serve his time at the minimum security camp at Lompoc, north of Santa Barbara.