Richmond, Va. - Johnathan Montgomery, wrongly convicted of sex crimes in 2009, is one step closer to finally getting his name cleared.
Montgomery served 4 years on a 7 and half year prison sentence. The woman who accused him of the crimes, Elizabeth Coast, admitted she lied about Montgomery sexually abusing her.
Virginia Attorney General Ken Cuccinelli filed a brief with the Court of Appeals of Virginia Wednesday asking the court to find Montgomery innocent of the charges after the Coast recanted her testimony and was convicted of perjury.
Coast will serve two months in jail after being convicted of perjury.
The court of appeals had stayed proceedings in Montgomery's actual innocence case pending the outcome of Coast's perjury conviction.
They have now lifted the stay and supplemental briefs have been ordered.
A hearing is not scheduled right now, but the court could make a decision without one.
Related:
Attorney general files paperwork to lift stay in Montgomery case
Process to clear Jonathan Montgomery’s name continues
Jonathan Montgomery celebrates his release from prison
John Montgomery’s family thanks Innocence Project for taking on his case
Innocence Project takes on Montgomery case
Woman accused of lying in Jonathan Montgomery case appears in court
