In the aftermath of Johnathan Montgomery’s case, a man
falsely accused and wrongly charged of a crime he did not commit, Virginia
legislators may seek to “relax” the cumbersome legal challenges that falsely
convicted inmates seeking exoneration face in the state of Virginia.[1]
Virginia’s “21-day rule” says that only an appellate court
can consider new evidence of innocence presented three weeks after sentencing.
In the case of Johnathan Montgomery, 4 of his 7.5 year
sentence for a sexual assault conviction had already been served when his
accuser admitted she lied. After a circuit court judge ordered Montgomery’s
release, Virginia Attorney General Ken Cuccinelli held up the release, arguing
the circuit court judge lacked authority to exonerate Montgomery under the
21-day rule.
Cuccinelli stated that Montgomery would have to file for a “writ
of actual innocence” from the Virginia Court of Appeals OR ask Virginia’s
governor for exoneration, both ridiculous examples of bureaucratic/legal overkill.
Of course, Cuccinelli was upholding the law of Virginia when
he made his decision to stall Montgomery’s release, but it is clear that
Virginia’s “21-day rule” must be modified. According to the executive director
of the Mid-Atlantic Innocence Project, Shawn Ambrust, “One thing we may
advocate is a way of getting someone out of prison when everyone agrees he
should get out.”[2] Indeed,
this would be a good cause to advocate for!
Adding to the need to modify the 21-day rule are the
relatively easy fixes that could be applied to ease the legal challenges faced
by falsely convicted inmates seeking exoneration.
For instance, the attorney general could be allowed to provide
evidence of an inmate’s innocence. Another solution would consist of a single
word change in the current statute, from “could” to “would.” Even in our
polarized political environment, a legislative change like this can be made.
If laws are made to protect the innocent and prosecute the
guilty then it stands to reason why the 21-day rule should not be immediately
changed. Not only is it the right thing to do for the individual and society,
it seems like a uniquely easy problem to solve.
[1] http://www.timesdispatch.com/news/state-regional/ap/va-lawmakers-likely-to-examine-innocence-law/article_2211e1e7-b6d5-51cd-8fdf-a241c10e7e59.html
[2] http://www.timesdispatch.com/news/state-regional/ap/va-lawmakers-likely-to-examine-innocence-law/article_2211e1e7-b6d5-51cd-8fdf-a241c10e7e59.html