Alfred Montgomery sat in the fifteenth floor of the federal courthouse, facing the window that looked West over the city that elected him Sheriff just over 11 months ago. He exited the courtroom in the custody of the U.S. Marshalls, for allegedly retaliating against witnesses in his federal misdemeanor case, a violation of his bond.
Federal prosecutors allege Montgomery used a burner phone, saying witnesses testified he referred to it as such, when he called and demanded three witnesses who spoke to the feds "gotta go."
The burner phone became a point Judge John Bodenhausen could not see past, saying he would love to keep Montgomery out of jail because he is an elected official, but did not know how to otherwise stop Montgomery from not abiding by additional conditions.
Judge Bodenhausen also pointed to Montgomery's lack of cooperation with the pretrial officers during the early days of his bond.
A pretrial officer testified Montgomery was "combative," adding he claimed to have only six firearms in his initial paperwork when the real total was fourteen. She testified Montgomery also gave various reasons why he failed his initial drug test for marijuana, even though it was going to be excused for having consumed marijuana before he was on bond.
Montgomery's attorneys asked Judge Bodenhausen to allow the sheriff department's employment decisions to be made by a three person committee as a condition of his release. The members of this committee was questioned by Judge Bodenhausen. One of them is Yosef Yasharahla, the number two in the sheriffs office. However, the pretrial officer also testified Montgomery refered to Yasharahla as a "close friend."
Also on the committee, Judge David Mason. Judge Mason is also defending Sheriff Montgomery's numerous legal challenges, specifically taking the lead on the quo warranto against him. Judge Bodenhausen questioned the fiduciary responsibility of Mason, who through attorney Justin Gelfand testified his responsibility is to the office and would still be there if Montgomery were not.
Outside the courtroom, Mason doubled down on his role as both atttorney and overseeing the committee.
"You don't go outside the institution to do this... If the judge doubts that I'm a credible person well he has the right to decide the credibility of all witnesses."
In June, when the Quo Warranto was first filed against Sheriff Montgomery was filed, Mason was asked about his role and whether he was the Sheriff's attorney or the Sheriff's Department's attorney.
"It can be one in the same... but technically speaking I am the Sheriff's attorney, [Montgomery] is the sheriff, therefore I am his attorney."
Attorney for Sheriff Montgomery Justin Gelfand said Montgomery remains the Sheriff. "That's by the will of the people."
How will the day to day operations work? Col. Yosef Yasharahla will serve as interim sheriff but will Montgomery still be calling the shots from jail over zoom? Judge Mason said "if that ever becomes necessary but at the moment I don't see where that becomes necessary."
Gelfand was upset they were unable to introduce evidence they say proves their clients innocence from these new charges.
Mayor Cara Spencer weighed in on the jailing of Sheriff Montgomery, saying "The absurd situation at the Sheriff's Office has reached new heights and must now come to an end. I urge Sheriff Montgomery to do what's right for the city and resign his office. Should he continue to only prioritize serving himself, I hope the court will move quickly to remove him. Our office stands ready to support the Sheriff's Office during a time of transition."
Gelfand says they plan to appeal and expect their appeal to be heard quickly. Unless their appeal is successful, Montgomery will be held in jail until his federal trial, which currently has no date.
Montgomery's legal team is back in court on October 29th, for a motion hearing in the quo warranto case. The Attorney General's office is asking for a summary judgement to have Montgomery removed from office.
Attorney General Catherine Hanaway says "It’s impossible to do your job from behind bars. Montgomery should resign immediately." A spokesperson for Hanaway could not say if they plan to file a motion to have Montgomery removed from office ahead of the hearing on October 29th.