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In a setback for the FBI's corruption probe in the state Capitol, a federal court of appeals Friday overturned the conviction of former Sen. Joseph B. Montoya on five counts of extortion.
The U.S. 9th Circuit Court of Appeals ruled that the jury received flawed instructions on the federal extortion law, but upheld Montoya's conviction on two remaining counts of racketeering and money-laundering. The court refused to release Montoya from prison but ordered the trial judge to consider reducing the Whittier Democrat's 6 1/2-year prison sentence.
"We are pleased that the five extortion convictions have been reversed," said Jan Lawrence Handzlik, Montoya's attorney. "Extortion requires something more than the receipt of voluntary campaign contributions by an elected official. We continue to believe that the two remaining convictions should be reversed."
The court ruling casts a shadow over the six-year investigation that resulted last year in the guilty verdicts against Montoya and, in a separate trial, the conviction of former Sen. Paul Carpenter on charges of extortion, racketeering and conspiracy.
The decision, which applies a higher standard of proof in extortion cases, could lead to a reversal of Carpenter's conviction and, according to legal experts, make it tougher to bring charges against three other state legislators under investigation: Sen. Alan Robbins (D-Tarzana), Assemblyman Pat Nolan (R-Glendale) and Sen. Frank Hill (R-Whittier).
In essence, the appellate panel found that the trial judge had failed to instruct the jury that Montoya could be found guilty of extortion only if there was an explicit promise to act in exchange for a payment.
U.S. Atty. George L. O'Connell, whose office prosecuted Montoya, sought to make the best of the decision and indicated that it will not impede the ongoing probe.
"The bottom line for this Sen. Joseph Montoya case is that he is going to stay...