Robbins Wants All of Secret FBI Tape Released

SACRAMENTO —  A secret tape-recording of state Sen. Alan Robbins made by an undercover informant during the FBI’s Capitol sting operation should be made public in its entirety, attorneys for Robbins argued in court papers filed Friday.

Robbins (D-Tarzana), allying himself with television stations that have requested the release of undercover videotapes, asked that U.S. District Judge Milton L. Schwartz release remaining portions of the tape not yet made public by federal prosecutors.

Robbins’ attorneys contend the entire tape will show that the senator turned down an offer of money from informant John Shahabian in exchange for supporting a bill.

“The full transcript contains substantially more content than the edited version and demonstrates conclusively that (Robbins) offered his commitment for the legislation without hesitation, did not seek anything in return for his commitment and rejected Mr. Shahabian’s suggestion of remuneration in return for supporting the legislation,” the document says.

The request to the court does not identify Robbins by name, using the designation “legislator XX” used by federal prosecutors on the portion of the transcript already made public. But legislative sources confirmed that the legislator in question is indeed Robbins.

The tape of Robbins, as well as a number of other secret audiotapes and videotapes, will be offered by prosecutors as evidence in the ongoing trial of Sen. Joseph B. Montoya (D-Whittier) on 12 counts of extortion, bribery, racketeering and money laundering.

Montoya’s attorneys have opposed release of the videotapes, arguing among other things that they could be used by political opponents of the senator in his bid for reelection in 1990.

“Release of audio and videotapes to the news media, with the attending likelihood that portions will be aired out of context and in a sensational manner, may have a very damaging effect in Sen. Montoya’s reelection campaign,” attorneys Bruce Kelton and Michael Sands said Friday in a letter to the judge.

Robbins has been identified by sources familiar with the probe as a subject of the FBI investigation and is on a list of witnesses who may be called by the prosecution to testify against Montoya.

Portions of the transcript released earlier show that Robbins suggested to Shahabian, a Senate staff member who was cooperating with the FBI, that Montoya would be willing to trade his vote for a $3,000 honorarium.

Shahabian, working on behalf of a bogus company set up by the FBI, asked Robbins what he would need to do win passage of a bill ostensibly sought by the “company.”

“Well, you need to make some arrangements with Joe (Montoya),” Robbins said.

Asked what that would entail, the senator said, “I mean what it’ll take with Joe is, uh, a little envelope.”

Moments later, Robbins said: “I would say three (thousand dollars) would be sufficient. Twenty-five hundred’d probably (be) O. K. . . . But if you wanna, y’know make certain that he’s absolutely committed, that’s where Joe’s at these days.”

An undercover agent subsequently gave the recommended $3,000 to Montoya at a breakfast meeting near the Capitol. A videotape of the breakfast and the delivery of the money to Montoya will be introduced as evidence in the trial, U.S Attorney David Levi has said. Montoya has said the money was an honorarium that was not connected to his support for the bill.

Schwartz is scheduled to decide Tuesday on the request that copies of the tapes be made available to television stations and the public.