Ex-Councilman Wins Reprieve in Sentencing

Former Moorpark City Councilman Scott Montgomery, who pleaded guilty in October to conflict-of-interest charges, got one more reprieve Monday by a Ventura County Superior Court judge who delayed sentencing while Montgomery’s attorney attempts to get the plea thrown out.

The former councilman resigned from office after pleading guilty to felony and misdemeanor conflict-of-interest charges in October for accepting a $3,500 loan from an executive of a trash company that was negotiating a waste hauling contract with Moorpark.

Montgomery later recanted his guilty plea, but in January a motion by his previous attorney to take back the plea was denied.

The case has had a series of delays as Montgomery has changed attorneys and attempted to get the charges dropped.

His new attorney, James Farley, said at Monday’s hearing that he has new evidence to support a motion to withdraw Montgomery’s guilty plea.

Farley said he has obtained notes, videotaped interviews and other records from the district attorney’s investigation that were not seen by Montgomery’s three previous attorneys.

“There is additional evidence and hopefully better grounds to have the plea withdrawn,� Farley said.

Two of Montgomery’s previous attorneys--Daniel Schmidt and George Eskin--filed successive motions to withdraw the plea, stating that Montgomery was bullied into admitting a crime he did not commit.

In January, the Municipal Court judge who originally heard Montgomery’s plea ruled that Montgomery could not rescind his plea because the former councilman was properly informed of his rights and not coerced by prosecutors before pleading guilty to the charges.

Deputy Dist. Atty. Mark Aveis said he doubted that Farley was able to find new evidence not already covered by those previous attorneys. Aveis said Montgomery should be sentenced as soon as possible.

He challenged Farley to reveal what the new evidence was, but Superior Court Judge Charles Campbell Jr. said that was not necessary and granted the delay.

“There is no threat to the safety of the community by waiting,� Campbell said. “Let’s exhaust this now and make sure everything is considered.�

Montgomery’s motion to withdraw the plea will be considered June 3. His sentencing is scheduled for June 5.

Montgomery faces up to 3 1/2 years in prison and a maximum of $10,000 in fines.