Friday, November 23, 2012

Wrongfully convicted man released on conditional pardon by Gov. Bob McDonnell


After considerable pressure from Virginians of all political persuasions who were more concerned with justice than legal formalities, Johnathan Montgomery was released from prison recently after Virginia Gov. Bob McDonnell issued a conditional pardon.[1]

In 2008, Montgomery, then 14, was convicted of molesting a 10-year-old girl. When Montgomery’s accuser recanted her story, Montgomery “became” an innocent man wrongfully accused of a crime he didn’t commit.

Knowing this, Virginia’s Attorney General Ken Cuccinelli still rejected Circuit Judge Randolph West’s order exonerating Montgomery and voiding the last two years of his sentence, claiming that such an order is void under the laws of the commonwealth.[2] Is it any wonder why lawyers are stereotyped in the manner that they are?

McDonnell, on the other hand, having only political capital to gain from releasing an innocent man from jail, released Montgomery in time to have Thanksgiving dinner with his father in North Carolina.

When a convicted individual is found to be innocent, legal formalities should go by the wayside and at the very least, a conditional pardon should be granted like the one issued by Gov. McDonnell.

It is a perverted form of reasoning to suppose that the legal system in America will crumble if timely procedures are not followed in order to let a wrongfully convicted individual immediately free.

To use the clichéd example: slavery was once legal in Virginia. Thus, laws can be wrong and in cases such as Montgomery’s, should be circumvented to preserve the authority of our country’s legal system.

Hats off to Gov. McDonnell for making the right decision to release Montgomery. This is not a partisan issue, it’s an issue that cuts deep into the heart of what makes America the country that it is.


[1] http://www.timesdispatch.com/news/state-regional/ap/wrongly-convicted-va-man-gets-pardon-new-life/article_56b2bf32-e810-54be-aceb-5cf7047a4bbd.html
[2] http://www.examiner.com/article/va-s-attorney-general-ken-cuccinelli-denies-an-innocent-man-s-release-from-jail

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