Men In Separate Fraud Cases Allege Misconduct By Federal Judge
By Adriana M. Chávez, El Paso Times, Texas | |
McClatchy-Tribune Information Services |
Both men claim misconduct by a federal judge in
In 2012, U.S. District Judge
Ayika pleaded guilty to fraud after a jury convicted him on charges of possession with intent to distribute hydrocodone by a practitioner and of selling pseudoephedrine to an undercover
In the drug case, Montalvo sentenced Ayika to five years in prison on the distribution charge, and more than 14 years in prison on the pseudoephedrine charge.
Montalvo ordered Ayika, who was arrested by federal agents in
According to a ruling handed down on
Ayika, who filed his own appeal, claimed that during plea negotiations, Montalvo told Ayika pleading guilty "is your chance to cut your losses short."
Montalvo also told Ayika's attorney, "the best chance here, quite frankly, for him is the plea of guilty and the concurrent sentencing."
In his appeal, Ayika said he was willing to enter into a plea agreement but told Montalvo he was unwilling to concede that the amount involved in the fraud case was more than
"We conclude that the district court's comments ran afoul of
The appeals court also ordered that Ayika's case be presided over by a different federal district judge in
This is not the first time the appeals court has vacated a guilty plea and sentence because of statements Montalvo has made.
In
The appeals court said Montalvo violated
Last week, a former local attorney who pleaded guilty to public corruption charges filed a request to have his plea vacated, claiming Montalvo involved himself in plea negotiations and implicated he is guilty.
Federal prison records show Escobar, who is incarcerated at a prison in
According to court documents, Escobar is seeking to vacate his plea because his attorney,
Escobar also claims Montalvo involved himself in plea negotiations by telling Villalba, "I know (Escobar) has his ear to the ground and knows what is going on in the
Villalba in turn told Escobar about Montalvo's comments.
Escobar also stated in documents that Villalba told him he would be sentenced to a year and a half in prison if he cooperated.
"... based on (Villalba's) comments and advice concerning the Judge's statements convinced him that the Judge felt (Escobar) was guilty and that the Judge wanted him to enter a plea instead of going to trial," Escobar, who is representing himself, wrote in his request to withdraw his guilty plea.
Federal prosecutors had yet to file a response to Escobar's request as of Thursday.
Escobar and 10 others were charged in 2010 as part of the public corruption investigation into Access HealthSource.
According to their indictment, in 2004, Access President
According to court documents, after Access lost its contract with the
Duntley lent his support to reopening the contract in exchange for getting a relative -- reported to be his son -- a job with a subsidiary of the
After initial resistance, Duntley also supported replacing the law firm representing the school board with one of Jones' choosing. That firm gave Jones and Escobar a cut of its earnings.
Last month, a
Johnson's mother has filed a wrongful death lawsuit in the case, which had been transferred to Montalvo's court.
Clevenger is accusing Montalvo of misconduct for issuing an order with information from only one side and without a hearing or an opportunity to respond, according to the complaint filed with the
Montalvo has turned down interviews.
Adriana M. Chávez may be reached at 546-6117.
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