MOORPARK : Montgomery Plea Plan Opposed

In a sometimes harshly worded argument, a prosecutor Friday said that former Moorpark Councilman Scott Montgomery has not shown good cause why he should be allowed to withdraw felony and misdemeanor guilty pleas.

“The defendant’s ego was inflated by letters he received in support of leniency at sentencing after he pleaded guilty,” Deputy Dist. Atty. Mark Aveis said in court papers. “After-the-fact reconsideration of one’s popularity is not a legal ground to permit withdrawal of a guilty plea.”

Montgomery pleaded guilty in October to accepting a $3,500 loan from a trash company executive and then voting on the company trash contract with the city. Montgomery has since entered a motion to withdraw his plea, stating that he was bullied into making the plea by county prosecutors.

Aveis disputes Montgomery’s argument, calling it “a fraud on this court and unsupported by any authority.”

Montgomery had said that prosecutors also tried to drive a wedge between him and his attorney, but Aveis countered that the grand jury transcripts show that he allowed Montgomery to consult with his attorney on numerous occasions.

Aveis said he told Montgomery that if he did not plead guilty to the conflict-of-interest charges that prosecutors would seek to indict him for perjury and that he could face a prison sentence if convicted. Aveis said those were not threats or attempts to intimidate Montgomery, but simple statements of fact.

Municipal Judge Thomas Hutchins is scheduled to rule next week on whether Montgomery can withdraw his pleas.