Attorney General wants to make changes to 21-day rule

Posted at 11:58 PM, Jan 10, 2013
and last updated 2013-01-10 23:58:40-05

Attorney General Ken Cuccinelli wants to make it easier for people wrongfully convicted to be set free by making changes to Virginia’s 21-day law.

Cuccinelli is supporting legislation to change the language in the writ of actual innocence.

He says simply changing the word "could" to "would" would make the process more clear for courts.

Jonathan Montgomery spent more than four years in prison for a crime he didn't commit.

His accuser, Elizabeth Coast, admitted to lying about a sexual assault and a judge ordered Montgomery to be set free

But Cuccinelli blocked the release saying it violated the 21-day rule.

That meant Montgomery was stuck in prison for nearly two additional weeks until NewsChannel 3 took action and Governor Bob McDonnell pardoned him.

Click here to read more about Jonathan Montgomery's journey for freedom.