Montes’ lawyer, Fred McBride, was in trial and could not attend, therefore he once again gave a message to Deputy District Attorney Thomas Schultz.   He had another lawyer, Roger Sheaks, make the appearance for him. 

Roger Sheak walked into Frank Fasel’s court room, C-35, on the 9th floor of the Orange County Superior Court House in Santa Ana, with confidence and an acceptably brash manner.  He was outspoken and friendly, and when I asked how to spell his name, he spelled it out and also told me and everyone listening that he knew nothing about the case.  I told him I did know about the case.

When Judge Fasel entered and sat down at his desk, Sheak stated his case that he was appearing for Fred McBride, who was in trial, and was asking for 30 more days. 

Judge Fasel asked Tom Schultz if he objected to the continuance, and Schultz replied, “Yes,” politely and with good temper, but in all seriousness.

“I get the same phone call.  I respect Mr. McBride.  I’m sure he’s in trial.  But, Mr. Montes needed to be sentenced.”

“It’s time for sentencing,” Judge Fasel responded. 

Then, Fasel spoke to Sheaks, “Next time he won’t be continued unless he files a 1050.” 

Tom Schultz had made the remark earlier, off the record, "I'd like to end this case," while chatting informally with Roger Sheaks.  He also advised another lawyer, "Embrace texting.  It's awesome.  You actually hear from your kids."

The new sentencing date has now been set to October 15th.   Fasel did not allow Fred McBride 30 days, but instead gave him three weeks.

“You have the right to be sentenced today, but you can agree to October 15th,”  Fasel stated, speaking directly to Rene Montes.  Montes agreed to October 15th.

Rene sat at the defendant’s table handcuffed behind his lower back.  He looked almost pasty white.  He is extremely fair skinned.  He was wearing an all light orange jail outfit and had on lighter colored tennis shoes which appeared to be a sort of beige tone.  He looked generally well save some noticeable fatigue which was visible in his face. 

Rene Montes has accepted a plea deal for a maximum prison term of 12 years.   There are many aggravating factors, and only one real mitigating factor—the fact that Montes has no prior record.   Montes is the last defendant in this case to be sentenced.  The other three defendants, Hector Porrata, George Martinez, and Cara Cruz-Thompson were sentenced in late April, and on May 7th, respectively. 

There was a large box which sat on the table before the court clerk’s desk, which had written on it in large letters drawn with a thick felt marker: Prelim Transcripts 09CF1143 Montes, Porrata, Martinez, Cruz-Thompson. 

Readers may write to writer Lonce LaMon at lonce@adjustercom.com