Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Faryn Balyncd
Faryn Balyncd's Journal
Faryn Balyncd's Journal
December 19, 2013
Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted.
His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a dozen years earlier. And yet the state continued to deny him his freedom until an advocacy organization for the wrongly convicted petitioned for his release. Finally, on November 20, 2012, more than four years after he was sent to prison for aggravated sexual battery and lesser charges – and two days before Thanksgiving –Montgomery was conditionally pardoned by Virginia Governor Bob McDonnell and walked out of the Greensville Correctional Center. . . .
In early November 2012, Hampton Circuit Court Judge Randolph T. West threw out Montgomery’s convictions and ordered his release from prison. But Virginia Attorney General Kenneth Cuccinelli argued that West lacked jurisdiction due to a state law that prohibits judges from considering new evidence, other than DNA evidence, more than 21 days after sentencing. Cuccinelli declared the release order invalid and kept Montgomery imprisoned in spite of Coast’s recantation.
It was only after the Mid-Atlantic Innocence Project (MAIP) filed a clemency petition for Montgomery that Governor McDonnell – less than 24 hours later – issued a conditional pardon and Montgomery was set free.
http://prisonlawblog.com/blog/2013/8/22/virginia-prisoner-pardoned-after-accuser-admits-she-lied#.UrL16-IQSU5
The person who voluntarily came forward, recanted her perjury, and testified that what began as a false accusation made by a panicked teen to her mother, who caught her reading pornography (and demanded an explanation, suggesting prior molestation might be the cause), and eventually spiraled into her giving perjured testimony rather than face the embarrassment of telling the truth has been sentenced.
But what of the Attorney General who, despite her recantation, fought to maintain the incarceration of a man everybody, including Cuccinelli himself, was innocent?
What does an Attorney General who believes that it is his duty to maintain procedures that make it more difficult for convicted felons (innocent or otherwise) to have new evidence considered, (but that it is NOT the duty of the Attorney General to seek justice for those convicted in a miscarriage of justice) deserve?
Thoughts?
What does an AG who fights to maintain a conviction based solely on perjured testimony deserve?
Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted.
His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a dozen years earlier. And yet the state continued to deny him his freedom until an advocacy organization for the wrongly convicted petitioned for his release. Finally, on November 20, 2012, more than four years after he was sent to prison for aggravated sexual battery and lesser charges – and two days before Thanksgiving –Montgomery was conditionally pardoned by Virginia Governor Bob McDonnell and walked out of the Greensville Correctional Center. . . .
In early November 2012, Hampton Circuit Court Judge Randolph T. West threw out Montgomery’s convictions and ordered his release from prison. But Virginia Attorney General Kenneth Cuccinelli argued that West lacked jurisdiction due to a state law that prohibits judges from considering new evidence, other than DNA evidence, more than 21 days after sentencing. Cuccinelli declared the release order invalid and kept Montgomery imprisoned in spite of Coast’s recantation.
It was only after the Mid-Atlantic Innocence Project (MAIP) filed a clemency petition for Montgomery that Governor McDonnell – less than 24 hours later – issued a conditional pardon and Montgomery was set free.
http://prisonlawblog.com/blog/2013/8/22/virginia-prisoner-pardoned-after-accuser-admits-she-lied#.UrL16-IQSU5
The person who voluntarily came forward, recanted her perjury, and testified that what began as a false accusation made by a panicked teen to her mother, who caught her reading pornography (and demanded an explanation, suggesting prior molestation might be the cause), and eventually spiraled into her giving perjured testimony rather than face the embarrassment of telling the truth has been sentenced.
But what of the Attorney General who, despite her recantation, fought to maintain the incarceration of a man everybody, including Cuccinelli himself, was innocent?
What does an Attorney General who believes that it is his duty to maintain procedures that make it more difficult for convicted felons (innocent or otherwise) to have new evidence considered, (but that it is NOT the duty of the Attorney General to seek justice for those convicted in a miscarriage of justice) deserve?
Thoughts?
December 14, 2013
http://en.wikipedia.org/wiki/Saint_Nicholas
(ha, ha.)
Late 15th early 16th century icon of St. Nicholas:
http://en.wikipedia.org/wiki/Saint_Nicholas
(ha, ha.)
December 10, 2013
(ie, when you "compromise" with Republicans)?
The GOP will:
(1.) hold you, and you alone, responsible for the results,
(2.) NAME their adopted policy after you,
(3.) Hire media whores to portray your adoption of Republican policy as "socialism", "Marxism", & "communism",
(4.) "catapult the propaganda" 24/7/365 in every radio & television market, and
(4.) NEVER forgive.
(Are we ready to demand Medicare For All?)
What happens when you substitute Republican policy for Democratic solutions?
(ie, when you "compromise" with Republicans)?
The GOP will:
(1.) hold you, and you alone, responsible for the results,
(2.) NAME their adopted policy after you,
(3.) Hire media whores to portray your adoption of Republican policy as "socialism", "Marxism", & "communism",
(4.) "catapult the propaganda" 24/7/365 in every radio & television market, and
(4.) NEVER forgive.
(Are we ready to demand Medicare For All?)
Profile Information
Member since: Wed Nov 23, 2005, 09:15 AMNumber of posts: 5,125