Sentencing Delayed for Montgomery

Former Moorpark City Councilman Scott Montgomery, who pleaded guilty to conflict of interest charges in October, on Wednesday was granted another delay in sentencing to allow his attorney to make yet another argument to have the plea withdrawn.

Saying that the merits of Montgomery’s appeal needed to be fully heard, Superior Court Judge Charles Campbell Jr. sent the case back to the Municipal Court judge who heard the matter on Monday but denied the motion on procedural grounds.

“We have a right to be heard on the substantive issues,” Montgomery’s attorney, James Farley, told the judge.

On Monday, Municipal Judge Thomas Hutchins threw out Farley’s motion to have the guilty plea revoked. Hutchins, who had denied a similar motion in January, said that without new compelling evidence, there are no grounds for him to reconsider his earlier ruling.

But after the hearing, Farley filed an affidavit outlining eight points that he characterized as new evidence sufficient to justify a reconsideration of the motion and have the plea withdrawn.

Farley would not comment on the matter Wednesday, but said in court that his client is “entitled to one last shot.”

Deputy Dist. Atty. Mark Aveis, the prosecutor in the 8-month-old case, challenged the request. “There is nothing new here under the sun,” Aveis said of the motion.

The matter is set to be heard in Hutchins’ courtroom Friday. If it is again denied, Montgomery will then go back before Campbell for sentencing.

He faces up to 3 1/2 years in prison and $10,000 in fines.