My son Johnathon Montgomery has spent four years in prison for a crime he didn’t commit. In October, his accuser came forward and admitted to fabricating the charges against him. A District Judge vacated his charges and ordered him released. But now, Virginia Attorney General Kenneth Cuccinelli is keeping him in prison - on a technicality.
The Attorney General has not disputed Johnathan’s innocence and a spokesperson even called the case a “tragedy.” Yet he still remains in prison.
In 2008, Johnathon was sentenced to 7 ½ years after being convicted of sexually assaulting a girl he knew when they were children. His accuser was 17 years-old when she claimed that Johnathon assaulted her when she was 10 and he was 14. She has finally come forward to admit that she made the story up because her parents caught her watching pornography on the internet and was afraid of punishment.
When the judge threw out all of Johnathon’s charges and ordered him released, our family was ecstatic. We knew all along that Johnathon was innocent but this proved it. We drove to the prison to pick him up and were told that he was not be released because Attorney General Cuccinelli feels the judge didn’t have the authority to order his release. You can imagine our devastation.
Attorney General Cuccinelli should immediately do everything he can to have my son released. Every day he spends in prison is a perversion of justice. Cuccinelli can stop blocking his release with a swipe of a pen.
Johnathon’s charges were vacated and he was ordered released but your office is keeping this innocent young man in prison on a technicality. It is a perversion of justice and you should be doing everything in your power to ensure that he does not spend another minute in prison.
Every additional day that Johnathan spends in prison as a result of your actions results in the loss of faith in Virginia’s criminal justice system and in our faith that you are a responsible elected official.