Jonathan Montgomery
Virginia Governor Bob McDonnell, who stumbled earlier this year by supporting and then backing off the offensive, intrusive and utterly absurd proposal that any woman contemplating an abortion in the Old Dominion be forced to undergo a trans-vaginal ultrasound, has taken a big step for justice by issuing a conditional pardon to Jonathan Montgomery, who was convicted of rape and sexual assault in 2008.
We believe in severe sentences for sexual offenders. The only problem here was that it turned out, Mr. Montgomery was innocent, a conclusion born out by the the recantation of testimony by his accuser, a teenaged girl at the time who presented the only real evidence against him. But while she remains free awaiting trial for perjury, Montgomery was stuck in prison, even after the trial judge vacated the sentence and ordered him released.
Why? you might well ask.
Well, it seems that Virginia, which has never been in the forefront of legally progressive states, has a law on the books generally referred to as the “21-day rule.” It states that if new evidence emerges more than 21 days after sentencing, judges cannot consider it. The only major exception is DNA evidence, since that wasn’t available when many cases were adjudicated. The aim is to impose some finality on the judicial process, of which we’re all in favor. But if the rule prohibits evidence of actual innocence, and keeps a clearly innocent man in the slammer, then it is a not only an impediment to truth, it is a setup for the gross miscarriage of justice and a perversion of the values we hold as Americans.
Though this has been pointed out to Virginia General Assembly members on numerous occasions, they have never been willing or able to overturn the 21-day rule. Remember, this is the state that in the 1950’s figured out legal means to prevent Supreme Court mandated integration of its public schools.
The only individual who could remedy this situation immediately – at least on a single-case basis – was the governor, and he has done so. Mr. Montgomery is being freed today. Congratulations to Bob McDonnell for stepping up to his responsibility and – in a good way – taking justice into his own hands.
Now, it’s up to the General Assembly to show that Virginia really does care about values and truths that are supposed to be self-evident.
I am curious as to the outcome of the perjury case. It is a crying shame that there are people like that. That can say a lie like that and ruin someone else’s life. I wonder if he was victimized in prison because of this lie. If she is convicted of perjury. I wonder if the sentence she gets will be enough to pay for his pain and anguish that he has suffered for the last 5 or 6 years. I imagine he will probably sue her. I hope he gets a lot for all that has happened to him.