Montgomery Seeks New Counsel--Again

With his sentencing just a few weeks away, former Moorpark City Councilman Scott Montgomery is apparently changing attorneys again.

Montgomery, who pleaded guilty to felony and misdemeanor conflict-of-interest charges in October and then tried to withdraw his plea, has changed attorneys for the third time since legal proceedings began.

An associate of Montgomery’s current attorney, George Eskin, said Monday in court that Eskin would be replaced by Ventura criminal defense attorney Steven Powell.

Powell, who has worked on several high-profile fraud cases in the county, would not comment, saying only that he does not talk to the press.

Eskin could not be reached for comment Monday, but during previous discussions he has said he only planned to represent Montgomery during his motion to withdraw the guilty plea.

Montgomery’s original attorney was Dan Schmidt, who advised the councilman during a Ventura County grand jury inquiry into Montgomery’s financial links to a trash company executive who did business with Moorpark. It was Schmidt’s first felony case since becoming a lawyer in the summer of 1994.

Schmidt’s lack of experience was cited by Eskin in his efforts to have the guilty plea withdrawn and may be used again to appeal the decision.

Schmidt, however, said he did a competent job representing Montgomery. Schmidt said he tried to dissuade his client from testifying in front of the grand jury and from pleading guilty. The only error Schmidt said he made was not voicing his objections when Montgomery entered his plea.

“Some may argue Scott did not have adequate counsel at the time his plea was entered,� Schmidt said. “I happen to think the issue really is that Scott’s independent judgment was overpowered.�

When Montgomery decided to withdraw his plea, Schmidt stepped aside, saying he was a witness to what he called bullying by the prosecution team. At that time, Eskin was hired.