Montgomery Sentencing Is Delayed Again

Embattled former Moorpark City Councilman Scott Montgomery, whose attorney was busy on a different case, received another reprieve Wednesday when a Ventura County Superior Court judge delayed his sentencing on criminal conflict of interest charges until next week.

This was the seventh sentencing delay in a case that has slowly wound its way through the courts since Montgomery pleaded guilty in October to felony and misdemeanor conflict of interest charges. Montgomery, who originally was to be sentenced Nov. 21, is now scheduled for sentencing July 3.

The latest delay occurred because Montgomery’s attorney, James Farley, was stuck in a nearby court defending another client. Farley said he could not be pulled away from that case for at least five days, so Superior Court Judge Charles Campbell rescheduled the sentencing.

Montgomery faces a maximum of 3 1/2 years in prison and fines of up to $10,000 for accepting a $3,500 loan from a trash company executive and then voting on a contract the Simi Valley firm had with city.

The delay in sentencing will give Farley additional time to ask an appeals court to reconsider a motion to have Montgomery’s guilty plea withdrawn on grounds that his client was bullied into making the plea and that he was singled out by the district attorney for prosecution.

Farley would not comment on the case Wednesday, but in court papers filed to mitigate Montgomery’s potential sentence Farley said his client had suffered enough already.

“There is no more profound statement of regret and remorse than an elected official pleading guilty to a public offense and then immediately resigning from office,” he said.

Farley said in the court papers that Montgomery was a devout Christian and held a bible study at his home twice a month. Just before the hearing Wednesday morning, Montgomery, his wife, Trisha, and several of his friends held a small group prayer outside the courtroom.

Montgomery suffered a major blow this week when he was charged with 22 violations of state election law for failing to identify the source of $5,400 in contributions to his campaigns in 1992 and 1994, and for not accounting for several hundred dollars of campaign funds he spent. Those charges, which do not call for any prison time, carry up to $44,000 in fines.

Prosecutor Mark Aveis said he now plans to use the information from the state Fair Political Practices Commission when he asks the judge to sentence Montgomery next week.

“I think it’s relevant, because he’s alleged to have misrepresented or misused campaign contributions,” Aveis said. “I think it shows a pattern of deception.”