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Unalienable Rights Foundation - Virginia's Governor Allows Innocent Man To Rot in Jail
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 Virginia's Governor Allows Innocent Man To Rot in Jail

Examine and Cross Examine

Stubborn Fools and A Innocent Man

'JONATHAN MONTGOMERY'

 Sits in Prison ~ The Innocent Man

There is Right and There is Wrong

And then there are Victims And

There is 

Malfeasance;

Misfeasance;

Nonfeasance;

And Dereliction of duty;

In theory nonfeasance is distinct from misfeasance and malfeasance. Malfeasance is any act that is illegal or wrongful. Misfeasance is an act that is legal but improperly performed. Nonfeasance, by contrast, is a failure to act that results in harm; by public officials as it appears to UARF that Virginia's Governor is carrying out in the instant matter by not immediately setting pen to paper and penning a pardon for Montgomery.

Is Virginia's Governor, Bob McDonnell,  to busy planning his run for

 Mark Warner's Senate or 

The Presidency in 2012

To Do the Right Thing?

This should be a simple affair of state, a simple thing for the Governor to cure but he elects to do nothing about it on his own even though he know about the situation.  It is a matter of no more than his picking up a pen and setting to paper a few words. He can set an innocent man free, but he has elected to do nothing about it;

The Governor shall have power to remit fines and penalties under such rules and regulations as may be prescribed by law; to grant reprieves and pardons after conviction except when the prosecution has been carried on by the House of Delegates; to remove political disabilities consequent upon conviction for offenses committed prior or subsequent to the adoption of this Constitution; and to commute capital punishment.

He shall communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same. Va. Constitution Va. Con. Art. 5 § 12 (1971)

Powers vested in Governor. — In accordance with the provisions of Article V, Section 12 of the Constitution of Virginia, the power to commute capital punishment and to grant pardons or reprieves is vested in the Governor. (Code 1950, § 53-228; 1970, c. 648; 1982, c. 636.) Virginia Code § 53.1-229;

Virginia's Constitution sets no rules for the granting of a pardon by the Governor except those found in Art. 5, Sec. 5., and neither does Virginia's Code § 53.1-229.  Yet, we hear from Virginia's Attorney General that the reason the reason McDonnell has done nothing is that Montgomery's lawyer has not asked him to.  That seems to be a poor excuse for the Gov to do nothing to fix this wrong.

As for Montgomery's lawyer now filing papers and request that is a matter between those two and that may just be settled at a later time by Montgomery.

Its probably no more than a matter of economy, what can Montgomery afford to pay to get out of jail.  It is a certainty that he and his family have spent every dime they have to get to where they are now. They have provided evidence to a court and that court has ruled that there has been a miscarriage of justice.  Yet the Governor has not taken up his pen to set the man free.

 

 
 

  

COMMONWEALTH of VIRGINIA

Office of the Attorney General

Kenneth T. Cuccinelli, II

Attorney General 

 

900 East Main Street

Richmond, Virginia 23219

 804-786-2071

FAX 804-786-1991

FOR IMMEDIATE RELEASE

 

Contact: Brian Gottstein, Director of Communication

bgottstein@oag.state.va.us (best contact method)

804-786-5874

 

 

Update from AG's office on Jonathan Montgomery case in Hampton 

 

 

RICHMOND (November 15, 2012) -- Statement from Brian Gottstein, director of communication, updating media on the case:

 

"The attorney general is required to follow the law.  The court's November 9th order to vacate Mr. Montgomery's convictions, however well intentioned, is void under the law.  The attorney general and his staff are working to help correct a mistake not of our making and of which we were notified only after the fact.

 

"In situations like this, the law prescribes that Mr. Montgomery apply for the writ of actual innocence to the Virginia Court of Appeals or seek a pardon from the governor.

 

"We are moving everything on our end as quickly as possible, but, technically, our only official involvement in this case thus far is as counsel to the Department of Corrections because this office responds to suits on behalf of the commonwealth and state agencies. We have offered to work with Mr. Montgomery's attorney and the local commonwealth's attorney any way we can, as has been the case with the three other actual innocence cases Attorney General Cuccinelli has been involved with, to ensure the correct procedures are followed in Mr. Montgomery's case.  To do that,  we think the appropriate vehicle is for Mr. Montgomery to file a petition for a writ of actual innocence with the Court of Appeals, then we can respond and the Court of Appeals can evaluate the evidence.

 

"As of late Wednesday afternoon, we had heard reports that Mr. Montgomery's attorney did not intend to file a writ, but rather intended to pursue bringing Virginia Department of Corrections officials into court to ask a judge to order them to follow the invalid release order. The Daily Press reported today that his position seems to have changed at least regarding the writ, and he has finally decided to prepare such a writ, which will get the process moving.

 

"The Daily Press also reported that the governor's office said Wednesday night that it had not received a request for pardon from Mr. Montgomery's attorney, and the attorney told the paper he was not pursuing one.

 

"Regarding previous dismissals made by circuit courts after the 21-day rule, we cannot speak to them without knowing what those specific cases are. When we looked into the one case that was mentioned by name yesterday, we were not advised until after the fact in that instance, and it appears the person was actually pardoned by then-Governor Kaine. If the other cases involved a local jail sentence (ie. the person was not sentenced to a state facility), we would never have seen the case because our client, the state Department of Corrections, would not have been involved in the release.

 

"Whether we agree with it or not, the 21-day rule is the law in Virginia, and as the lawyer for the state, the attorney general cannot and will not recommend that any court or law enforcement agency violate the law.  The only avenues to overcome the 21-day rule are a writ of actual innocence or a pardon or commutation, and neither a pardon nor commutation are within the authority of the attorney general. Additionally, even if the attorney general takes a position that a writ should be granted, that does not ensure it. It is still up to the court whether it will grant the writ."

 

 

 

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Office of the Attorney General of Virginia | 900 East Main St | Richmond | VA | 23219

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