Montgomery’s Bid to Cancel Plea Assailed

Calling for sanctions against a veteran defense attorney, a Ventura County prosecutor said Thursday that a recent effort to implicate other politicians in a conflict-of-interest case involving former Moorpark city councilman Scott Montgomery “has taken this case to new lows.”

In documents filed in Superior Court, Deputy Dist. Atty. Mark Aveis asked a judge to throw out Montgomery’s latest attempt to withdraw his guilty plea on charges of accepting a $3,500 loan from a trash company executive. Aveis also asked the judge hearing the matter Monday to bring contempt charges and sanctions against James Farley, the attorney who filed the motion for Montgomery.

In the motion, Farley implied that other eastern Ventura County politicians were “in deeper” than his client, who was singled out for “discriminatory prosecution” for political reasons.

The comment inflamed east county officials, who denied the allegations, which Aveis called “defamatory” and “scurrilous.”

“It is most unfortunate that they have chosen to disparage the names or reputations of others in an effort to detract from the real issues,” Aveis wrote in his 24-page motion.

Farley said it was the first time in his more than 20 years as a defense lawyer that an opposition attorney had requested sanctions against him.

“I’ve never had anybody do it to me before,” he said Thursday after hearing about the motion. “So Rambo over there is trying to raise everything to a new level, is he?

“I characterized the evidence as I viewed it,” Farley said. “I have not defamed anyone nor intended to defame anyone.”

He added that Aveis’ motion was an attempt to “blow smoke” and cloud the issues with “a bunch of garbage,” so that Montgomery would be denied his attempt to get a trial.

“If Aveis is so certain that Montgomery is a bad guy, why doesn’t he go into the courtroom and prove it?” Farley said.

This is Montgomery’s second attempt to have the plea withdrawn. He faces up to 3 1/2 years in prison and $10,000 in fines.

Last October, Montgomery pleaded guilty to felony and misdemeanor conflict-of-interest charges after admitting that he accepted a $3,500 loan from Manuel Asadurian Sr., the former top executive of GI Industries. At the time of the loan, Asadurian’s firm was negotiating a waste-hauling contract with Moorpark.

Soon after making his plea, Montgomery and his attorneys tried to retract it, saying that he was bullied and coerced by prosecutors to plead guilty to a crime he did not commit.

In January, Montgomery’s first motion to get the plea revoked failed, and the matter was set for sentencing.

Farley, Montgomery’s fourth attorney in the case, said his motion includes previously undisclosed evidence that supports having the plea withdrawn.

Aveis said Thursday that Farley’s motion to withdraw the plea was “meritless” and did not include anything that was not covered in the previous motion filed by George Eskin, one of Montgomery’s former attorneys.

“Mr. Farley merely puts his spin on every matter presented by Mr. Eskin,” Aveis said in the motion.

Quoting from a probation report on the matter, Aveis also made the point that there was clear evidence that Montgomery committed a crime.

“It is unfortunate that the defendant chose to jeopardize his career in public service over a mere $3,500 transaction,” the probation officer is quoted as writing in her report. “His advisement during the probation interview that he was unaware that such a conflict of interest existed is not believable particularly considering the extent of his involvement in the solid waste arena.”

In another twist in the case that one judge said has a “tortured history,” Eskin has been subpoenaed to testify on the matter at Monday’s hearing.

“What is so disturbing to me is the vigor which the D.A. has put into preventing Mr. Montgomery from having his day in court,” Eskin said. “It suggests that something bigger is at play. I just know something is smelly about it.”

Municipal Judge Thomas Hutchins will hear the new motion to withdraw the guilty plea on Monday. If the motion is again denied, Montgomery will be sentenced Wednesday.

Correspondent Paul Elias contributed to this story.